Ntshangase v Ntshangase (57 of 2021) [2022] SZSC 247 (20 September 2022)

Case summary

Partnership- Universal partnerships-Applicant married to deceased in terms of siSwati customary law - Deceased already married to Respondent by civil rites under the Marriage Act 1964 - Whether such marriage in community of property -Applicant's marriage bigamous and putative -Applicant may claim under tacit universal partnership - Whether marriage in community may co-exist with tacit partnership involving a third person considered. In general, partnership that is tacit and universal does not have to be asset-specific or profit-making. The appeal is allowed - Costs to be borne here and below by the Estate.

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