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KUNG v KUNG 2008 (2) ZLR 170 (S)

2008 (2) ZLR p170

Citation

2008 (2) ZLR 170 (S)

Case No

Judgment No. S-16-08

Court

Supreme Court, Harare

Judge

Malaba JA, Gwaunza JA and Garwe JA

Heard

5 February 2008

Judgment

16 September 2008

Counsel

A P de Bourbon SC, for the appellant
R Y Phillips, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Family law – husband and wife – divorce – jurisdiction – domicile – domicile of choice of husband – requirements for acquisition of domicile of choice – intention to acquire domicile of choice – no basis for a distinction between a strong and a weak intention – stated desire to retain Zimbabwe as country of domicile – cannot prevail over clear indications to the contrary

Practice and procedure – matrimonial action – divorce – jurisdiction of court to entertain divorce cases – domicile of husband – entitlement of court to consider such domicile mero motu

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