MATOTOTE v GOMBA 2018 (2) ZLR 332 (H)

2018 (2) ZLR p332

Flynote

Appeal – local court – appeal against decision of – to magistrates court – appeal lies only against decision of community court – nature of appeal hearing – constitutes a re-hearing of original claims – must be based on original claims – procedure – appeal court should not start off by setting aside lower court's decision

Court – local court – appeal from – to magistrates court – magistrates court having jurisdiction only to hear appeals from community court – no jurisdiction to hear appeals from primary court

Court – local court – jurisdiction – court having jurisdiction only in civil matters in which customary law applicable

Customary law – local courts – jurisdiction – courts having jurisdiction only in civil matters in which customary law applicable – appeals from local courts – appeal to magistrates court – lies only from community court, not from primary court