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Spoliation or Mandament van Spolie and the Claim of Abandonment re: Matrimonial Dispute

HB39-14 : SECE NYATHI vs ROSEMARY NYATHI (NEE SIBANDA)
Ruled By: MOYO J

This is an application for the restoration of matrimonial property to the parties' matrimonial home namely, No.11 Kayton Avenue, Richmond, Bulawayo. The applicant and the respondent are husband and wife. The applicant alleges that on the 3rd of March 2013, while driving outside Bulawayo, going to his rural home, he was called by a police ...
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SC86-20 : CONSTANTINE CHIWENGA vs MARRY MUBAIWA
Ruled By: GWAUNZA DCJ, GARWE JA and BHUNU JA

This is an appeal against the whole judgment of the High Court handed down on 24 January 2020. The appeal seeks to impugn the court a quo's order awarding custody of the parties' three minor children to the respondent upon the separation of the parties.The appellant also challenges the jurisdiction ...
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HH551-15 : W AND D CONSULTANTS (PRIVATE) LIMITED vs SEAN THOMAS NIELSON DORAN
Ruled By: DUBE J

Our courts have held that a husband and wife hold a uniquely special relationship and that they normally have a common interest and household: see Warren Park Trust v Antony Ernest Pahwaringira and Others HH39-09 and Masiyiwa Cleopas Gonye v Stella Mavis Gonye SC15-09.
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