NYIKADZINO v TSVANGIRAI 2012 (1) ZLR 405 (H)

2012 (1) ZLR p405

Flynote

Court – customary law court – process – where and by whom summons must be served – service must be by messenger of court and at place within court's jurisdiction – any other service fatally defective

Court – judicial officer – conduct – presiding officer at customary law court cited as plaintiff in summons – impermissibility of such action – process fundamentally flawed

Customary law – court – customary law court – jurisdiction – powers of court limited by Customary and Local Courts Act [Chapter 7:05] – matters over which court has jurisdiction – venue of court – court only entitled to sit at place fixed in terms of Act – review of proceedings by High Court – no interference of magistrate's decision where proceedings are substantially correct

Customary law – court – customary law court – process – where and by whom summons must be served – service must be by messenger of court and at place within court's jurisdiction – any other service fatally defective

Maxims – nemo judex in sua causa