ZULU & ORS v NKOMO & ANOR 2019 (3) ZLR 372 (H)

2019 (3) ZLR p372

Flynote

Customary law – development of – courts having duty to develop customary law and bring it in line with the Constitution – dynamic nature of customary law –develops, changes and adapts to modern life

Family law – burial rights – precedence of the voice of the widow—determination of deceased's wishes regarding disposal of remains – valid will not essential – when hearsay evidence of deceased's wishes may be accepted

Practice and procedure – application – notice of motion – disputes on affidavits – certain averments common cause – when order sought may be granted -- robust approach required – court may grant order if satisfied that there is sufficient clarity