Tessy Zvemisha v Eunice Zvemisha and Master of High Court N.O and Registrar of Deeds N.O

HH 105-22

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Case Details

Court

Harare High Court

Date

18 February 2022

Citation

HH 105-22

Neutral Citation

[2022] ZWHH 105

Outcome

unknown

Case Type

Application

Bench

Presiding

MUCHAWA J

Full Bench

MUCHAWA J

Areas of Law

Civil ProcedureSuccession LawCustomary Law

Keywords

rescissioncustomary marriagewill validityestate administrationbarringheads of argument

Key Issues

{"issue_text":"Whether first respondent is barred for failure to timeously file heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed 6 months after 10-day deadline"}

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background

Facts of the Case

Background

The applicant sought rescission of a judgment that dismissed her application for a declaratory order regarding the validity of her late husband's will. Both the applicant and first respondent were married to the deceased under customary law. The will bequeathed the matrimonial home to the first respondent, giving the applicant only a usufructuary right until her youngest child turned 18. After the child reached 18, the first respondent sold the house and sought to evict the applicant.

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