MASHINGAIDZE v MASHINGAIDZE 1995 (1) ZLR 219 (H)

Flynote

Family law — marriage — customary law — unregistered customary law union — termination — general law concept of tacit universal partnership cannot be applied where there is no basis laid for applying general law instead of customary law

Customary law — marriage — property rights — application of general law to determination of — whether general law concept of tacit universal partnership applicable

Partnership — universal partnership — applicability to customary law marriage

Practice and procedure — application — dispute of fact — need for courts to curb practice of bringing application proceedings where there are real disputes of fact