National Traditional Appeal Court - 1980

3 judgments

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3 judgments
Citation
Judgment date
August 1980
Appeal dismissed where evidence established respondent's claim for chisuzula after the applicant's desertion and paternity was proven.
Customary law – abandonment of marriage (Kundisiya Ukwati popanda chifukwa) – chisuzula – proof of paternity – appeal dismissed for lack of merit.
21 August 1980
Cohabitation was not a proven marriage and respondent failed to prove theft of property; appeal allowed with costs.
Traditional/customary union — cohabitation not established as marriage; property dispute — burden of proof; balance of probabilities; failure to call corroborative witnesses; costs awarded.
18 August 1980
January 1980
Divorce granted for wilful non-consummation; customary law awards custody and lobola to the innocent spouse, and costs to the petitioner.
Family law – Divorce for wilful refusal to consummate marriage; customary law consequences – forfeiture of lobola and custody awarded to the innocent spouse.
19 January 1980