Tracy Sakutombo v Master of the High Court and Isaac Tigere Tichareva (In his capacity as executor of the Estate Late Elfigio Zemba) and Yeukai Zhiratsago and Nomisa Zemba

Key Issues

• {"issue_text":"Whether the Magistrate at Chinhoyi had jurisdiction to confirm the customary law marriage of the deceased.","issue_type":"procedural","dispositive":"yes","related_facts":"The Master referred the parties to the Magistrate; the estate was registered in the High Court."}
• {"issue_text":"Whether the Master had jurisdiction to conduct a second hearing and determine the marital status after the Magistrate's confirmation.","issue_type":"procedural","dispositive":"yes","related_facts":"The Master directed the referral; the Master issued a contradictory determination."}
• {"issue_text":"Whether the Applicant and Third Respondent are surviving spouses of the deceased.","issue_type":"fact","dispositive":"yes","related_facts":"Evidence of \"tsvakirai kuno\" and \"mbonano\" payments; family testimony; allegations of \"gupuro\" payment."}

Background