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ISHEMUNYORO v ISHEMUNYORO & ORS 2019 (1) ZLR 273 (S)

2019 (1) ZLR p273

Citation

2019 (1) ZLR 273 (S)

Case No

Judgment No. S-14-19

Court

Supreme Court, Harare

Judge

Gwaunza JA; Hlatshwayo JA & Ziyambi AJA

Heard

26 October 2017

Judgment

15 February 2019

Counsel

L T Biti with V Tavaziva, for the appellant
F Chinwawadzimba, for the second respondent
No appearance for the first, third, and fourth respondents

Case Type

Civil appeal

Annotations

Flynote

Court – High Court – reform of law – common law – judicial activism in developing common law – parameters of the exercise of judicial activism

Property and real rights – immovable property – joint ownership – married couple jointly owning immovable property – right of one spouse to encumber his half share of the property as surety for a debt without other spouse's consent – attachment of husband's half share in execution – whether or not the Sheriff can attach a spouse's half share in execution

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