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Harare High Court
MacArthur Mvududu v Primrose Shonhiwa and Maxwell Shonhiwa and Marondera Rural District Council
HH 167-13
Case Details
Court
Harare High Court
Date
14 May 2013
Citation
HH 167-13
Neutral Citation
[2013] ZWHH 167
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Family lawProperty law
Keywords
customary marriageproperty ownershipinterdictcessionreal rights
Tags
customary marriageproperty rightsinterdict
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has a prima facie right in property registered in the first respondent's name","issue_type":"law","dispositive":"yes","related_facts":"Property registered in first respondent's name before marriage; applicant claims joint acquisition"}
- {"issue_text":"Whether the requirements for an interlocutory interdict have been met","issue_type":"law","dispositive":"yes","related_facts":"Applicant's fear of property disposal; balance of convenience; availability of other remedies"}
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background
Facts of the Case
Background
The applicant sought to interdict the first and second respondents from disposing of property (Stand 289 Mahusekwa Growth Point) that was registered in the first respondent's name but which the applicant claimed was jointly acquired during their customary marriage. The property had been ceded to the second respondent in 2009.
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