Chiroto v Hunda (HC 2679 of 2012) [2015] ZWHHC 276 (12 March 2015)

Chiroto v Hunda (HC 2679 of 2012) [2015] ZWHHC 276 (12 March 2015)

The plaintiff failed to establish any ground of nullity under the Marriage Act or Matrimonial Causes Act. The marriage was solemnised by a qualified marriage officer, in the presence of witnesses, with the parties taking marriage vows. Any defects in the register or certificate were immaterial and curable. The marriage was therefore valid and not a nullity.

Citation
[2015] ZWHHC 276
Parties
Plaintiff: Emmanuel Chiroto; Defendant: Heather Hunda
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 March 2015
Case Number
HC 2679 of 2012
Procedural Posture
Civil Trial / Application for Nullification of Marriage; Application for Absolution From the Instance
Outcome
Absolution from the instance granted in favour of the defendant.
Legal Topics
Nullity of Marriage, Marriage Registration, Solemnisation of Marriage
Source Language
English
Family Law Nullity of Marriage Marriage Registration Solemnisation of Marriage

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Parties

Emmanuel Chiroto

Plaintiff

Heather Hunda

Defendant

Procedural Posture

Civil Trial / Application for Nullification of Marriage; Application for Absolution From the Instance

Legal Issues

  1. 1 Whether the marriage between the plaintiff and defendant is a nullity under the Marriage Act [Chapter 5:11] and Matrimonial Causes Act [Chapter 5:13]

Ratio Decidendi

The plaintiff failed to establish any ground of nullity under the Marriage Act or Matrimonial Causes Act. The marriage was solemnised by a qualified marriage officer, in the presence of witnesses, with the parties taking marriage vows. Any defects in the register or certificate were immaterial and curable. The marriage was therefore valid and not a nullity.

Court Disposition

Absolution from the instance granted in favour of the defendant.

Orders

  • The defendant is absolved from the instance.
  • The plaintiff shall pay the defendant’s costs.