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CHINZOU v MASOMERA & ORS 2015 (2) ZLR 274 (H)

Citation

2015 (2) ZLR 274 (H)

Case No

Judgment No. HH-593-15

Court

High Court, Harare

Judge

Chitakunye J

Heard

9 July 2015

Judgment

9 July 2015

Counsel

C Mucheche, for the applicant
S Chatsanga, for the first respondent

Case Type

Opposed application

Annotations

Flynote

Practice and procedure – affidavit – what is – difference between and heads of argument – role of legal practitioners in the drawing of.

Administration of estates – deceased estate – whether party can through the expediency of a declaratur seek the setting aside of plan of distribution without bringing an application for review.

Succession – deceased estate – wife with a valid marriage certificate but had not been staying at matrimonial home for 37 years – effect of on award of "matrimonial home" – situation that of de facto divorce.

Interpretation of statutes – literal rule – when mischief rule relied upon – intention of the legislature – role of.

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