Judith Ishemunyoro (née Mandidewa) v Antony Ishemunyoro & 3 Ors

HH 348-17

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Case Details

Court

Harare High Court

Date

7 June 2017

Citation

HH 348-17

Neutral Citation

[2017] ZWHH 348

Outcome

unknown

Case Type

Application

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa J

Areas of Law

Property lawFamily lawCivil procedure

Keywords

Joint ownershipAttachment of half-shareMatrimonial homeCo-owner's consentIus abutendi

Key Issues

{"issue_text":"Can a creditor attach and execute against one co-owner’s undivided 50% share in matrimonial home without the other spouse’s consent?","issue_type":"mixed","dispositive":"yes","related_facts":"Joint ownership; debt incurred by husband alone; property is family home"}
{"issue_text":"Does the constitutional right to equality and dignity prevent attachment of matrimonial home without both spouses’ consent?","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant’s sole financial contribution; gender equality; vulnerability of women"}
{"issue_text":"Has applicant rebutted the presumption of equal co-ownership so as to be declared sole owner?","issue_type":"law","dispositive":"no","related_facts":"Applicant paid full purchase price from salary"}

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background

Facts of the Case

Background

The applicant, married in community of property, sought to set aside the attachment of her husband’s 50% share in their matrimonial home by the second respondent, a creditor who had supplied goods to the husband’s business on credit. The property was registered in both spouses’ names; the applicant claimed she alone funded its purchase from her government salary.

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