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Harare High Court
Shakespear Pilime v Bester Chisvo
HH 10-2007
Case Details
Court
Harare High Court
Date
23 February 2007
Citation
HH 10-2007
Neutral Citation
[2007] ZWHH 10
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Property LawFamily LawCustomary Law
Keywords
customary uniontacit universal partnershipunjust enrichmentproperty contributioncohabitation
Tags
customary marriagetacit universal partnershipunjust enrichmentcohabitationproperty rights
legislation
Statutes Cited
- Customary Law and Primary Courts Act 6 of 1981
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether tacit universal partnership can be established in unregistered customary law union","issue_type":"legal","dispositive":"yes","related_facts":"Parties lived together 1992-2002 under unregistered customary union"}
- {"issue_text":"Whether plaintiff contributed to property purchase and development","issue_type":"factual","dispositive":"no","related_facts":"Plaintiff paid $30,000 purchase price and other contributions"}
- {"issue_text":"Whether plaintiff entitled to 40% share of property value","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff claimed percentage based on contributions"}
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background
Facts of the Case
Background
Plaintiff claimed 40% share of property registered in defendant's name, alleging joint contribution to purchase and development. Parties lived together in unregistered customary union from 1992-2002. Property purchased jointly in 1998 for $58,000 with plaintiff contributing $30,000. Further contributions made towards construction and loan repayments.
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