CHIKWENENGERE v CHIKWENENGERE 2007 (1) ZLR 196 (S)

2007 (1) ZLR p196

Flynote

Appeal — divorce — jurisdiction — court a quo wrongly deciding that it lacked jurisdiction to entertain the matter — matter remitted to court a quo to determine it

Family law — husband and wife — divorce — domicile — domicile of choice — requirements for acquisition of domicile of choice — change of domicile — onus of proof — onus upon party suggesting such a change upon a balance of probabilities — domicile — loss of — when domicile of origin can be said to be abandoned — mere fact of residence in another country not proof of intention to remain indefinitely

Family law — husband and wife — divorce — jurisdiction — jurisdiction of court to entertain matter depends on the domicile of the husband at the time the divorce action is instituted — domicile distinguishable from citizenship

Practice and procedure — jurisdiction — divorce case — court in doubt as to the existence of jurisdiction to entertain the matter — matter not raised by either of the parties — court should raise the matter mero motu