WALLS v WALLS 1996 (2) ZLR 117 (H)

1996 (2) ZLR p117

Flynote

Court — jurisdiction — High Court — continuance of jurisdiction — maintenance order — order for maintenance granted by High Court — parties long since both resident outside Zimbabwe — whether Zimbabwean court has jurisdiction to deal with case

Family law — maintenance — variation — maintenance order made in terms of previous legislation — provision of that law allowing court to direct that certain maintenance orders be not regarded as such for purposes of Maintenance Act — effect of subsequent legislation — whether retrospective in effect — distinction between true retrospecting and inference with existing rights — either effect pressure not to the intended unless clearly expressed or by necessary implication

Interpretation of statutes — presumption against retrospectivity — matters to be considered in deciding whether statute has retrospective effect — reforming statutes — whether purpose of statute would be defeated if retrospective effect not given — effect of retrospectivity on previously accrued rights — effect of transitional provisions — re-enactment of statute in revised edition of statutes — omission of transitional provisions — effect — distinction between true retrospectivity and interference with existing rights — either effect presumed not to be intended unless clearly expressed or by necessary indication