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Harare High Court

Tedreta Ndanga v Margaret Shambare and Tompson Shambare and The Executor (Munangati & Associates) N.O and The Master of High Court N.O and The Registrar of Deeds

HH 69-17

Case Details

Court
Harare High Court
Date
2 February 2017
Citation
HH 69-17
Neutral Citation
[2017] ZWHH 69
Outcome
unknown
Case Type
Application

Bench

Presiding
MWAYERA J
Full Bench
MWAYERA J
Areas of Law
Family LawSuccession LawCustomary Law
Keywords
customary marriagecivil marriagemonogamous marriagepolygamous marriagesurviving spouseintestate successionAdministration of Estates Act
Tags
customary marriagecivil marriageintestate successionsurviving spouse
legislation
Statutes Cited
  • Administration of Estates Act
  • Marriages Act
  • African Marriages Act
  • Deceased Estate Succession Act
  • Constitution of Zimbabwe Amendment (No.20) 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is a surviving spouse by virtue of her customary marriage to the late Linus Chirimba Shambare, which marriage was preceded by a civil marriage","issue_type":"law","dispositive":"yes","related_facts":"Customary marriage occurred after civil marriage in 1981"}
  • {"issue_text":"Whether the applicant should be declared the sole beneficiary of the remainder of Lot 2 and 3 Block C Hatfield Estate Township, Salisbury otherwise known as 28 George Road, Hatfield, Harare","issue_type":"mixed","dispositive":"no","related_facts":"Property acquired during civil marriage"}
  • {"issue_text":"Whether the applicant should be declared the sole beneficiary of the rural home in Seke Chief Mudimu Village Ward 2, Seke","issue_type":"mixed","dispositive":"no","related_facts":"Property part of deceased estate"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant sought to be declared the surviving spouse of the late Linus Chirimba Shambare and sole beneficiary of his properties. The deceased had married the first respondent under civil marriage in 1963, then entered into a customary marriage with the applicant in 1981. The deceased died intestate in 2013.
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