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ZAWAIRA v NYAMUPFUDZA & ORS 2011 (2) ZLR 375 (H)

2011 (2) ZLR p375

Citation

2011 (2) ZLR 375 (H)

Case No

Judgment No. HH-241-11

Court

High Court, Harare

Judge

Chitakunye J

Heard

24 February 2011; CAV

Judgment

3 November 2011

Counsel

H Mukonoweshuro, for the applicant
A Nyamupfukudza, for the first respondent
N P Munangati-Munongwa, for the third to ninth respondents

Case Type

Opposed application

Annotations

Link to case annotations

Flynote

Administration of estates – customary law – application – person married under general law – when such person's estate may be dealt with according to customary law

Customary law – application – when a person is subject to customary law – person married under general law – what must be shown for customary law to apply

Succession – intestate – heirs ab intestato – children born out of wedlock – general law and customary law positions – children born out of wedlock sired by father married under Marriage Act – no purported customary law unions with mothers of such children – such children not entitled to succeed ab intestato

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