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Harare High Court
Locardia Karimatsenga v Morgan Richard Tsvangirai and Elizabeth Macheka and Bishop Kadenge and The Registrar General Tabaiwa Mudede (N O)
HH 369-12
Case Details
Court
Harare High Court
Date
12 September 2012
Citation
HH 369-12
Neutral Citation
[2012] ZWHH 369
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Family LawCustomary LawMarriage Law
Keywords
customary marriagemarriage interdicturgent reliefparallel marriage lawslobola
Tags
customary marriagemarriage interdicturgent application
legislation
Statutes Cited
- Marriage Act
- Marriage Act
- Marriage Act
- Customary Marriages Act
- Customary Marriages Act
- Administration of Estates Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does this court have jurisdiction to entertain an objection to a marriage when statutory remedies exist under the Marriage Act?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to use s 19 objection procedure under Marriage Act"}
- {"issue_text":"Is there a valid customary marriage between applicant and first respondent?","issue_type":"mixed","dispositive":"no","related_facts":"Dispute over whether lobola was paid or only damages"}
- {"issue_text":"Is the application urgent given available statutory remedies?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant could still lodge written objection under s 19"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicant sought an urgent interdict to stop her customary law husband from marrying another woman under the Marriage Act, claiming they had entered into a valid customary marriage through lobola payment, while the respondent denied any customary marriage existed.
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