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MULEYA v MULEYA 2011 (2) ZLR 151 (H)

2011 (2) ZLR p151

Citation

2011 (2) ZLR 151 (H)

Case No

Judgment HB-118-11

Court

High Court, Bulawayo

Judge

Ndou J & Mathonsi J

Heard

5 September 2011; CAV

Judgment

15 September 2011

Counsel

M Thakalisa, for the appellant
No appearance for the respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Court – magistrates court – jurisdiction – distribution of matrimonial property following divorce – court having jurisdiction only over registered customary law marriages – no jurisdiction to order distribution in respect of unregistered union

Customary law – marriage – unregistered customary law marriage – division of property following termination of marriage – magistrates court not empowered to distribute matrimonial property – claim for share of estate must be based on other recognised causes of action

Family law – husband and wife – divorce – division of matrimonial property following divorce – unregistered customary law union – how division of property may be determined – need to plead recognised cause of action

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