MAGURENJE v MAPHOSA & ORS 2005 (2) ZLR 44 (H)

2005 (2) ZLR p44

Flynote

Family law — husband and wife — property rights — right of spouse to dispose of own property — wife selling house registered in her name — husband having personal rights only — when can stop disposal of property

Practice and procedure — affidavit — answering affidavit — when may be submitted — may not be submitted after heads of argument have been filed unless court gives leave

Practice and procedure — application — serious disputes of fact disclosed on the papers — such disputes of fact not capable of resolution on the papers — discretion of the court in such cases — court may dismiss the application rather than allow the matter to go to evidence

Property and real rights — ownership — transfer of real property — wife's personal rights against husband — no reason to block the title of the new owner