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Harare High Court
Marylou Palacpac Morten v Marlene Denise Kemui Morten and The Master of the High Court
HH 339/13
Case Details
Court
Harare High Court
Date
10 October 2013
Citation
HH 339/13
Neutral Citation
[2013] ZWHH 339
Outcome
unknown
Case Type
Trial
Bench
Presiding
Uchena J
Full Bench
Uchena J
Areas of Law
Family LawConflict of Laws
Keywords
marriage validityforeign divorcePhilippine lawcivil evidence
Tags
marriage validitydivorce recognitionforeign lawbigamy
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff established a prima facie case for absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence presented by 1st defendant challenging marriage validity"}
- {"issue_text":"Whether the plaintiff's Zimbabwean marriage is valid given Philippine law prohibition on divorce","issue_type":"mixed","dispositive":"no","related_facts":"Philippine law, existence of two marriages"}
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background
Facts of the Case
Background
The plaintiff, a Filipino national, married Baker Eddy Morten in Zimbabwe in 2000 after presenting herself as divorced. The 1st defendant, Morten's daughter and executrix of his estate, challenged the validity of this marriage, alleging the plaintiff was still married to her first husband under Philippine law which prohibits divorce for Filipino nationals.
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