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MASHINGAIDZE v MASHINGAIDZE 1995 (1) ZLR 219 (H)

1995 (1) ZLR p219

Citation

1995 (1) ZLR 219 (H)

Case No

Judgment No. HH-65-95

Court

High Court, Harare

Judge

Robinson J

Heard

21 March 1995

Judgment

21 March 1995

Counsel

Miss L Shaba for the applicant
M Mhishi for the respondent

Case Type

Civil application

Annotations

Link to case annotations

Flynote

Family law — marriage — customary law — unregistered customary law union — termination — general law concept of tacit universal partnership cannot be applied where there is no basis laid for applying general law instead of customary law

Customary law — marriage — property rights — application of general law to determination of — whether general law concept of tacit universal partnership applicable

Partnership — universal partnership — applicability to customary law marriage

Practice and procedure — application — dispute of fact — need for courts to curb practice of bringing application proceedings where there are real disputes of fact

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