№ files_lp_4_process_3_087653
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High Court appellate judgment examining conflicts between Ndebele customary divorce practices and constitutional guarantees of equality while determining custody of children and division of matrimonial property between Julius Sibanda and Flat Mooyo.
Year: 2024
Country: Zambia
City / Jurisdiction: Lusaka
Court: High Court of Zambia at Lusaka (Principal Registry) – Civil Appellate Jurisdiction
Case Citation: Julius Sibanda v Flat Mooyo (2019/HP/A026) [2024] ZMHC 77
Judge: Hon. Mr. Justice Charles Zulu
Date of Judgment: 30 April 2024
Legal Field: Family Law; Constitutional Law; Customary Law
Subject: Divorce, child custody, matrimonial property division, and constitutional limits on discriminatory customary practices
Parties: Julius Sibanda (Appellant) and Flat Mooyo (Respondent)
Type of Document: Judicial decision
Procedural History: Appeal to the High Court from a Subordinate Court decision reviewing orders of Chelstone Local Court
Customary Law Context: Ndebele customary marriage and lobola traditions
Key Legal Questions: Custody of minor children, division of matrimonial property acquired during marriage, application of constitutional rights over discriminatory customary norms
Relevant Constitutional Framework: Constitution (Amendment) Act No. 2 of 2016 – Bill of Rights and equality provisions
Children Involved: Three minor children (John, Joel, Juliet)
Property in Dispute: Zani Muone property with rental flats, Chibombo plot, Kapopo property, RAV4 vehicle, cattle
Price: 8 / 10 USD
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