Felistus Vurayayi v Letisia Ngwenya & Ors

HH 534-23

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Case Details

Court

Harare High Court

Date

27 September 2023

Citation

HH 534-23

Neutral Citation

[2023] ZWHH 534

Outcome

unknown

Case Type

Application

Bench

Presiding

Maxwell J

Full Bench

Maxwell J

Areas of Law

Family lawPrescriptionAdministration of estates

Keywords

Customary marriageCivil marriagePolygamyPrescriptionEstate distributionFraud

Key Issues

{"issue_text":"Whether plaintiff's claims have prescribed by effluxion of time","issue_type":"procedural","dispositive":"yes","related_facts":"Claims relate to events from 1992-2010, summons issued 2022"}
{"issue_text":"Whether declaratory relief is appropriate for challenging estate administration","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff disguised review as declarator to avoid time limits"}

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background

Facts of the Case

Background

Plaintiff sought declaratory orders nullifying the civil marriage between her late husband and first defendant, claiming it was solemnized through fraud as her customary marriage was concealed. She also sought to set aside estate distribution excluding her. Defendants raised special plea of prescription.

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