Chivise v Dimbwi (Civil Appeal 116 of 2002) [2004] ZWHHC 4 (6 January 2004)

Chivise v Dimbwi (Civil Appeal 116 of 2002) [2004] ZWHHC 4 (6 January 2004)

The trial court was correct in applying general law principles to distribute property acquired during an unregistered customary marriage, as there is no applicable customary law principle and to do otherwise would result in injustice.

Citation
[2004] ZWHHC 4
Parties
Appellant: Patrick Chivise; Respondent: Sheba Dimbwi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 January 2004
Case Number
Civil Appeal 116 of 2002
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Distribution of Property, Customary Marriage, Unregistered Unions, Matrimonial Property
Source Language
English
Family Law Distribution of Property Customary Marriage Unregistered Unions Matrimonial Property

Case Brief

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Parties

Patrick Chivise

Appellant

Sheba Dimbwi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What law governs the distribution of property acquired during an unregistered customary marriage?
  2. 2 Was the trial court correct in awarding property based on contributions in the absence of a registered marriage?

Ratio Decidendi

The trial court was correct in applying general law principles to distribute property acquired during an unregistered customary marriage, as there is no applicable customary law principle and to do otherwise would result in injustice.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.