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Family And Children [2024] ZALMPPHC 159

Mukoyi v Charova N.O and Others (4969/2021)

Mukoyi v Charova N.O and Others (4969/2021) [2024] ZALMPPHC 159 (29 October 2024)

The court found that it had jurisdiction to determine the validity of the applicant's Zimbabwean customary marriage for purposes of estate administration in South Africa. The applicant's oral evidence regarding the customary marriage was uncontested and credible. Zimbabwean law, specifically section 68(3) of the Administration of Estates Act, recognizes customary marriages for estate purposes even if not solemnized. There is no statutory age bar for customary marriages in Zimbabwe, and the applicant's age at marriage did not invalidate the union. The second respondent's civil marriage certifi…

  • Customary Marriage
  • Administration Of Estates
  • Conflict Of Laws
  • Recognition Of Foreign Marriage
  • Executorship
  • Putative Marriage
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