MADZARA v STANBIC BANK ZIMBABWE LTD & ORS 2015 (1) ZLR 878 (H)

2015 (1) ZLR p878

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – rights of women and effect of customs and tradition – failure by woman to act in support of rights claimed – not necessarily indicative of culture and tradition preventing her from doing so – may be woman's own choice

Family law – husband and wife – property rights – rights in respect of matrimonial home – whether existing laws unconstitutional and not giving sufficient protection to woman – need for legislative intervention

Practice and procedure – declaratory order – purpose of – matters which may be subject of such orders

Practice and procedure – judgment – setting aside of – limited grounds on which judgment may be set aside by court of parallel jurisdiction – not permissible to review earlier judgment under guise of declaratory order