Bulawayo High Court - 2004 April

3 judgments
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3 judgments
Citation
Judgment date
April 2004
Void second marriage does not defeat co‑contributor's claim to property; transfer application dismissed, monetary compensation preferable.
Family law — marriage void ab initio for bigamy — unjust enrichment/co‑contribution claims to immovable property — possession and contribution as basis for proprietary rights — balance of convenience where deceased’s share unquantified — refusal of municipal transfer records
7 April 2004
Whether the matrimonial home should be equitably divided under s7; court found misdirection and awarded applicant 30%.
Matrimonial property – Section 7 Matrimonial Causes Act – distribution of matrimonial home; appellate review of discretion for misdirection; assessing direct and indirect contributions; division 30%:70%; valuation and payment or sale
7 April 2004
A third party cannot withhold estate property merely because he distrusts a duly appointed executor; the executor may recover the asset.
Administration of estates — Executor dative’s authority to recover estate assets — Third party possession — Section 42 Administration of Estates Act — Interim seizure by deputy sheriff — Distrust of executor not justification for withholding estate property
7 April 2004