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Masvingo High Court
Faith Ndige v Margaret Matsvange and Jabulani Mzinyathi (in his capacity as Executor Dative of Estate late Cornelio Evans Ndige) and The Master of the High Court N.O Masvingo
HMA 18-20
Case Details
Court
Masvingo High Court
Date
18 May 2020
Citation
HMA 18-20
Neutral Citation
[2020] ZWHMA 18
Outcome
unknown
Case Type
Application
Bench
Presiding
WAMAMBO J
Full Bench
WAMAMBO J
Areas of Law
Succession LawFamily LawDeceased Estates
Keywords
matrimonial homesurviving spousedeceased estatecustomary marriageinheritance rights
Tags
matrimonial homecustomary marriagedeceased estatesurviving spouse rights
legislation
Statutes Cited
- Deceased Estates Succession Act
- Administration of Deceased Estates Act
- Deceased Persons Family Maintenance Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant qualifies as a surviving spouse entitled to inherit the matrimonial home despite living abroad for over a decade","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant left for UK in 1999/2002; maintained property in house; continued upkeep after death"}
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background
Facts of the Case
Background
The applicant, Faith Ndige, sought to be recognized as the surviving spouse entitled to inherit the matrimonial home (House No. 48 McGhie Avenue, Rhodene, Masvingo) following the death of her husband Cornelio Evans Ndige. The first respondent, Margaret Matsvange, opposed the application claiming she was the deceased's wife. The house was acquired jointly by the applicant and deceased in 1981. The applicant left for the United Kingdom in 1999 (or 2002) for medical treatment and later employment, but maintained her property in the house and continued to support it.
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