Ntini v Masuku (HCA 90 of 2001) [2004] ZWBHC 69 (11 June 2004)

Ntini v Masuku (HCA 90 of 2001) [2004] ZWBHC 69 (11 June 2004)

The respondent is entitled to a share of the property based on unjust enrichment, as she contributed to its development during the unregistered customary law union, and the principle of tacit universal partnership does not strictly apply but unjust enrichment provides a valid cause of action.

Source-derived case information.

Citation
[2004] ZWBHC 69
Parties
Appellant: Knowledge Ntini; Respondent: Defienet Masuku
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
11 June 2004
Case Number
HCA 90 of 2001
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unregistered Customary Marriage, Property Distribution, Unjust Enrichment, Tacit Universal Partnership
Source Language
english
Family Law Property Law Customary Law Unregistered Customary Marriage Property Distribution Unjust Enrichment Tacit Universal Partnership

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Parties

Knowledge Ntini

Appellant

Defienet Masuku

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to a share of property acquired during an unregistered customary law union
  2. 2 Whether the principle of tacit universal partnership applies to unregistered customary law unions
  3. 3 Whether unjust enrichment is a valid basis for property distribution in such unions

Ratio Decidendi

The respondent is entitled to a share of the property based on unjust enrichment, as she contributed to its development during the unregistered customary law union, and the principle of tacit universal partnership does not strictly apply but unjust enrichment provides a valid cause of action.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay 25% of the net value of the proceeds of the sale of stand 518 Mahatshula, Bulawayo to respondent.
  • The stand to be valued by a reputable estate agent.