WHEREUPON, after reading documents filed of record and hearing counsel, IT IS ORDERED:
1.
That the parties be and are hereby granted an order for divorce.
2.
That the plaintiff be and is hereby awarded the custody of Lwazi Edward Sibanda
(born on 20th June 2003) with the defendant being afforded
reasonable rights of access to the minor child.
3.
That the defendant be ordered to pay monthly maintenance for the minor child
until the child attains the age of 18 years or becomes self-sufficient
whichever happens earlier.
4.
That given the fact that the originally agreed figure for maintenance has been
rendered obsolete because of dollarization, the parties need to agree on a new
figure failing which a new figure be computed by a court of competent
jurisdiction upon application by the plaintiff.
5.
That the plaintiff be and is hereby declared to be the sole and absolute owner
of the following movable assets;
(i)
American fridge freezer;
(ii)
Wide screen television set;
(iii)
Washing machine; and
(iv)
Three-seater, two-seater and one-seater black sofas.
6.
That the defendant be and is hereby declared to be the sole and absolute owner
of the following movable assets;
(i)
Omega motor vehicle;
(ii)
BMW motor vehicle;
(iii)
Small television set;
(iv)
Dining room table;
(v)
All beds;
(vi)
VCR and DVD player; and
(vii)
All movable wardrobes and kitchen units.
7.
That the plaintiff be and is hereby awarded 50% of the current market value of
a DAF truck motor vehicle bearing engine number H-77549 and chassis number
XLRTG46WSOE392966 with the defendant being given the first option to buy out
the plaintiff within 30 days from the date of this order failing which the
right is extended to the plaintiff.
8.
That in the event of both parties failing to comply with clause 7 (supra) it is
hereby ordered that the truck be valued by a mutually agreed car dealer for
purposes of its disposal at best advantage to enable each party to get a share
of his or her entitlement.
9.
That the plaintiff be and is hereby awarded 50% of the current market value of
a house commonly referred to as House Number 65 Sparrow Lark Way, Burnside,
Bulawayo with the defendant being given the first option to buy out the
plaintiff within 30 days from the date of this order failing which the right is
extended to the plaintiff.
10.
That in the event of both parties failing to exercise their options in terms of
clause 9 (supra) then the house in question be valued by a mutually agreed
estate agent for purposes of its disposal at best advantage to enable each
party to get a share of their entitlement.
11. That each party shall bear his or her own
costs of suit.
