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VARETA v VARETA & ORS 1992 (2) ZLR 1 (H)
Customary law — heir to immovable property — duty to care for deceased's dependants — not necessarily duty to accommodate them
Applicant was heir to his father's estate at customary law. This estate included a house. The applicant sought to oblige his stepmother to evict lodgers which she had staying at this house and to account for all rentals received by her from the lodgers. In a separate action in the magistrates court, the applicant was seeking the eviction of his stepmother from the premises.
Held, that although the applicant had a duty under customary law to support his father's dependants, this duty did not necessarily include a duty to provide accommodation for those dependants, especially if there was a separate home in the communal lands where the dependants could live. The stepmother had no right to have lodgers or to keep their rentals as her own support and she was ordered to eject them and to account for past rentals received.
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