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Harare High Court

Constantine Mabaudi v Viola Mhora

HH 60-2011

Case Details

Court
Harare High Court
Date
3 March 2011
Citation
HH 60-2011
Neutral Citation
[2011] ZWHH 60
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Karwi J
Full Bench
Karwi JChitakunye J
Areas of Law
Family LawCivil Procedure
Keywords
cohabitationmagistrates court jurisdictionproperty sharingcustomary union
Tags
cohabitationproperty divisionjurisdiction
legislation
Statutes Cited
  • Magistrates Court Act
  • Marriages Act
  • Customary Marriages Act
  • Matrimonial Causes Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Did the Magistrates Court have jurisdiction to hear a property division claim between cohabiting parties?","issue_type":"procedural","dispositive":"yes","related_facts":"Parties cohabited without marriage; no customary union existed"}
  • {"issue_text":"Was there a recognized cause of action for property division between cohabiting parties?","issue_type":"law","dispositive":"yes","related_facts":"No marriage or customary union; general law applicable"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The parties cohabited from September 1996 to March 2004 without any form of marriage. The respondent was married to another man throughout their cohabitation. After their separation, the appellant sought property division in the Magistrates Court, which made an award that the appellant appealed against.
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