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MTETWA v AMOS & ORS 2019 (2) ZLR 273 (H)

2019 (2) ZLR p273

Citation

2019 (2) ZLR 273 (H)

Case No

Judgment No. HH-312-19

Court

High Court, Harare

Judge

Chitakunye J

Heard

29 January 2019; 11 March 2019

Judgment

16 May 2019

Counsel

J Mudimu, for the applicant
T Mutindi, for the first and second respondents

Case Type

Civil application

Annotations

Flynote

Customary law – family law – husband and wife – divorce in terms of customary law – formalities required – giving of divorce token – requirements for such token to be valid – giving of token may not be done privately

Family law – husband and wife – divorce – spouses married under customary law and subsequently separating – one spouse proposing to re-marry under Marriages Act [Chapter 5:11] – need for customary law marriage to have been dissolved in terms of customary law – failure to follow customary law practices – former marriage not dissolved and any subsequent monogamous marriage invalid

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