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Bulawayo High Court
Partson Maseko v Thandekile Mahlahlani
HB 147/23
Case Details
Court
Bulawayo High Court
Date
10 July 2023
Citation
HB 147/23
Neutral Citation
[2023] ZWHB 147
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda JNdlovu J
Areas of Law
Family LawDomestic ViolenceCivil Procedure
Keywords
domestic violenceprotection orderproperty rightscustomary unionappealabilityfinal order
Tags
domestic violenceprotection orderproperty disputecustomary union
legislation
Statutes Cited
- Domestic Violence Act
- Magistrates Court Act
- Magistrates Court Civil Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the property order made by magistrate court under s 11 of Domestic Violence Act is appealable as having final and definitive effect under s 40(2)(b) of Magistrates Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"Property order made without determining ownership"}
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background
Facts of the Case
Background
The respondent sought a protection order against the appellant under the Domestic Violence Act, alleging physical, emotional, psychological and economic abuse. The magistrate court granted the protection order and interdicted the appellant from taking possession of property at their former residence.
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