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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The widows lot - a remedy? The application of spoliation orders in customary succession
Author:Stewart, Julie E.
Periodical:The Zimbabwe Law Review
Geographic term:Zimbabwe
Subjects:customary law
family law
marriage law
Abstract:An instance of need for reform of Zimbabwe law is the position of a widow in a customary succession. The rights of surviving spouses and dependants are subject to violation by the over avaricious relatives of a deceased African. On hearing of the death of an African male, his blood relatives descend upon the home he formerly occupied and remove the contents. They may harass the widow or widows over insurance policies, pensions, bank accounts or salary due to the deceased, insisting that these are the property of his blood relatives. The most effective course of action for the widow would be to seek a spoliation order. A spoliation action is brought to determine who is to have possession of the property or right pending the resolution of any dispute over the right to possess. It serves to restore possession and to deter those who take the law into their own hands. Notes, ref.