Alexio Kufahakunamemba Murombo v Muchaneta Elizabeth Mwambo

HH 685-17

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Case Details

Court

Harare High Court

Date

5 October 2017

Citation

HH 685-17

Neutral Citation

[2017] ZWHH 685

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA JMUNANGATI-MANONGWA J

Areas of Law

Family LawCivil Procedure

Keywords

customary unionsuperannuated judgmentrevival of judgmentmagistrates court jurisdictioneviction

Key Issues

{"issue_text":"Whether the magistrates court erred in reviving a superannuated judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment granted 2010, not executed, became superannuated, revival sought 2016"}
{"issue_text":"Whether the original judgment was void ab initio for lack of jurisdiction","issue_type":"law","dispositive":"no","related_facts":"Property value, consent to jurisdiction, eviction nature of order"}

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background

Facts of the Case

Background

The parties' customary union ended and a magistrates court granted judgment for property sharing on 23 June 2010. The judgment was not executed and became superannuated. On 23 June 2016 the respondent applied for and obtained revival of the judgment, prompting the appellant to appeal.

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