SC 02-14 - CHIWENGA v CHIWENGA

JOCELYN     CHIWENGA

    CONSTANTINE     GUVEYA     CHIWENGA

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWE JA & PATEL JA

HARARE, JANUARY 16, 2014

 

T Mpofu, for the appellant

W Manase, with him W T Pasipanodya, for the respondent

 

ZIYAMBI JA: The trial in this matter was conducted before the High Court contrary to the clear terms of the order of this Court dated 21 March 2013 which had directed that the issues of divorce and proprietary interests be dealt with at the same time.

The law is clear that an extant order of this Court must be obeyed or given effect to unless it has been varied or set aside by this Court and not even by consent can parties vary or depart therefrom.  See CFU v Muriro & Ors 2000 (1) ZLR at p 405 (S).

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