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Mutare High Court

Volonica Satimburwa v Susan Njokoya and Director of Pensions Office N.O

HCMTJ60-25

Case Details

Court
Mutare High Court
Date
31 October 2025
Citation
HCMTJ60-25
Neutral Citation
[2025] ZWHMT 60
Outcome
unknown
Case Type
Application

Bench

Presiding
Siziba J
Full Bench
Siziba J
Areas of Law
Family LawSuccessionAdministrative Law
Keywords
civil marriagecustomary unionbigamysurviving spousepensioncivil partnership
Tags
monogamous marriagecustomary marriagecivil partnershippension benefitsinheritance
legislation
Statutes Cited
  • Marriages Act
  • Marriages Act
  • Criminal Law (Codification and Reform) Act
  • Administration of Estates Act
  • Matrimonial Causes Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the customary marriage between the deceased and first respondent is valid","issue_type":"law","dispositive":"yes","related_facts":"Deceased contracted customary marriage in 2008 while still married to applicant"}
  • {"issue_text":"Whether the applicant or first respondent is entitled to the deceased's pension benefits","issue_type":"law","dispositive":"yes","related_facts":"Both parties claim entitlement as surviving spouse; pension held by second respondent"}
  • {"issue_text":"Whether a civil partnership existed between the deceased and first respondent","issue_type":"law","dispositive":"yes","related_facts":"Deceased and first respondent lived together for 15 years, had sexual relationship and two children"}
  • {"issue_text":"Whether rights of a civil partner survive death of one partner","issue_type":"law","dispositive":"yes","related_facts":"Civil partnership dissolved by death of deceased"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant contracted a civil marriage with the deceased in 1990. After separation in 2004, the deceased contracted a customary marriage with the first respondent in 2008. The deceased passed away in December 2022, and both the applicant and first respondent claimed his pension benefits.
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