MULEYA v MULEYA 2011 (2) ZLR 151 (H)
Citation | 2011 (2) ZLR 151 (H) |
Case No | Judgment HB-118-11 |
Court | High Court, Bulawayo |
Judge | Ndou J & Mathonsi J |
Heard | 5 September 2011; CAV |
Judgment | 15 September 2011 |
Counsel | M Thakalisa, for the appellant |
Case Type | Civil appeal |
Annotations | No case annotations to date |
Flynote
Court – magistrates court – jurisdiction – distribution of matrimonial property following divorce – court having jurisdiction only over registered customary law marriages – no jurisdiction to order distribution in respect of unregistered union
Customary law – marriage – unregistered customary law marriage – division of property following termination of marriage – magistrates court not empowered to distribute matrimonial property – claim for share of estate must be based on other recognised causes of action
Family law – husband and wife – divorce – division of matrimonial property following divorce – unregistered customary law union – how division of property may be determined – need to plead recognised cause of action
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