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Harare High Court
Nomsa Almero v Johane Sithole
HH 60-23
Case Details
Court
Harare High Court
Date
31 January 2023
Citation
HH 60-23
Neutral Citation
[2023] ZWHH 60
Outcome
unknown
Case Type
Application
Bench
Presiding
Muchawa J
Full Bench
Muchawa J
Areas of Law
Family LawCustomary LawCivil Procedure
Keywords
customary law unioncivil partnershipgupuroretrospective applicationamendment of summons
Tags
Customary marriageCivil partnershipAmendment of pleadingsRetrospective legislation
legislation
Statutes Cited
- Marriage Act [Chapter 5:15]
- Marriage Act [Chapter 5:15]
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Matrimonial Causes Act [Chapter 5:13]
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether new legislation can change the character of past transactions carried out under existing law","issue_type":"law","dispositive":"yes","related_facts":"Customary law union terminated in 2018, new Marriage Act enacted in 2022"}
- {"issue_text":"Whether the plaintiff should be allowed to amend her pleadings to characterize the customary law union as a civil partnership","issue_type":"procedural","dispositive":"yes","related_facts":"Application for amendment during pre-trial conference"}
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background
Facts of the Case
Background
The plaintiff sought to amend her summons and declaration to characterize her dissolved customary law union with the defendant as a civil partnership under the new Marriages Act [Chapter 5:15] to enable application of the Matrimonial Causes Act for property distribution. The parties had lived together from 2010, had three children, and the union was terminated by "gupuro" (divorce token) in January 2018.
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