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Division of Assets of the Spouses re: Direct and Indirect Contributions iro Commercial Enterprises & Alter Ego Principle

HH128-12 : TENDAYI CHIKOMBA (NEE MANYERUKE) vs VITALIS CHIKOMBA
Ruled By: GUVAVA J

The plaintiff issued summons out of this court claiming a decree of divorce, distribution of the parties' matrimonial assets, and costs of suit.The defendant, in turn, counter claimed for a decree of divorce and division of the matrimonial estate.It was common cause that the parties married on 12 April 2001 ...
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HH07-12 : IGNATIOUS GANYO vs MAULIDIA CHAONZA
Ruled By: CHITAKUNYE J

The plaintiff and defendant were married in terms of the Marriages Act [Chapter 5:11] on 14 January 2005 at Harare. Their marriage was blessed with one child born on 25 November 2008.On 28 June 2010, the plaintiff sued for a decree of divorce on the ground that the marriage has ...
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HH68-10 : ALVIN CRISP vs STELLA MARY MASVIKENI
Ruled By: MUSAKWA J

Crovis Agencies (Private) Limited, at its inception, dealt in motor spares. It was the defendant's testimony that she contributed towards the establishment of the business. She used to negotiate sales with Nissan Clover Leaf where the plaintiff's late partner, Steven Madovi, was employed. In addition, it was the defendant's testimony that Crovis Agencies (Private) Limited was ...
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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

The plaintiffs are husband and wife. For the past fifteen years, they were resident in, and operating some business in, Mount Darwin. In September 2008, they decided to dispose of their business interests and properties in Mount Darwin and relocate to Harare. They advertised for sale their properties by word of mouth, and also inserted an advert ...
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HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

On 3 April 1998 the parties had their marriage, which had already been blessed with three children, solemnized at Bulawayo. Prior to that, the parties had been living in an unregistered union dating back to 1989.On 14 January 2000 the plaintiff issued summons against the defendant claiming divorce and other ...
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HB36-09 : SABRINA MUDENDA vs ANDREW MUZUWANI MUDENDA
Ruled By: NDOU J

Although the parties agreed that their company, viz. Asmara (Pvt) Ltd should be sold, and the proceeds shared equally, the plaintiff has proposed that she be allowed to buy Asmara Clothing Factory. The defendant is adamant that both parties must be given the option to buy the other out of the entire company. In other words, ...
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

The plaintiff produced the Memorandum of Association for Mainland Business Merchants (Pvt) Ltd which showed that they were both directors of the company. The company's main business was commodity broking. They were dealing in business machines....,.With regards to the companies, the plaintiff stated that she did not know whether or ...
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HH68-10 : ALVIN CRISP vs STELLA MARY MASVIKENI
Ruled By: MUSAKWA J

It is immaterial that the business was commenced after the parties had separated. In making this decision, I take into account that section 7(1) of the Matrimonial Causes Act [Chapter 5:13] provides that - “(1) Subject to this section, in granting a decree of divorce, judicial separation or nullity of marriage, or at any time thereafter, ...
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Appealed
HH109-10 : MICHAEL PATRICK MORONEY vs VYVYAN JEAN MORONEY
Ruled By: MUSAKWA J

The parties moved to Darwendale in 1978. The defendant left employment then. Commercial fishing had commenced in 1977. V M Fisheries (Private) Limited was established and run as a family business in which the defendant has a fifty percent share. V M Fisheries (Private) Limited's fishing concession was cancelled in 2009. According to ...
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HH115-10 : NASSAH MUKOMBERANWA vs VIVIAN MOKOMBERANWA
Ruled By: MUSAKWA J

The other issue was whether the defendant is entitled to a half share in Transelectrical (Private) Limited....,.The plaintiff testified that he qualified as an electrical engineer in 1987. He then worked for several companies before he ventured into private enterprise. This led to the incorporation of Transelectrical (Private) Limited in ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

The plaintiff said that she was also a Director of the company Multimillionaire Investments but she had been surprised to discover that her name had been removed from the directorship without her consent. She said that she has not been deriving any benefit from the businesses since 2006. The defendant said he started trading as a ...
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HH61-11 : COLLIN SYDNEY DICKS vs AVERIL CAROL DICKS
Ruled By: CHITAKUNYE J

Another aspect pertains to whether the plaintiff should provide the defendant with a motor vehicle of the value of about 5,000= United States dollars. As with maintenance for long, I am of the view that this is not possible. The motor vehicles that the defendant pointed to, and even those she had used whilst in ...
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HH365-13 : LYDIA MAURO (NEE) NYAMBO vs REGIS MAURO
Ruled By: UCHENA J

1. ….,. 2. …,. 3. …,. 4. …,. 5. …,. 6. Leerage Haulage (Private) Limited is awarded to the defendant whilst the plaintiff gets Leereg Fashions Boutique.
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HB44-11 : JABULANI MANYATHELA vs THANDO MANYATHELA
Ruled By: MATHONSI J

The plaintiff's evidence is to the effect that he was employed by the National Railways of Zimbabwe (NRZ) in 1982 and after completing his probation period he applied for and was allocated rented company accommodation in 1985, being No.36 Troutbeck Road Greenhill, Bulawayo, where he moved in with his wife, Mellina, to whom he ...
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HB60-11 : REZIMOSI DUBE vs SANDRA FARAI DUBE
Ruled By: KAMOCHA J

Companies The plaintiff gave a detailed account of the genesis of the companies owned by him. His evidence was that he had been working in casinos but quit in June 1997 after he had obtained a licence from the National Parks to conduct leisure cruises in the upper Zambezi River. With that licence, he approached ...
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HB159-11 : HILDA SIBANDA vs TEEJAY SIBANDA
Ruled By: NDOU J

(d) Simpson Electrical (Pvt) Ltd and Muntomuhle Investments (Pvt) LtdThe plaintiff wants to be given twenty-five (25%) percent of the shares in Simpson Electrical (Private) Ltd and fifty percent (50%) of the value of the immovable property owned by Muntomuhle Investments (Pvt) Ltd.Simpson Electrical was incorporated in 1989 before the ...
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Appealed
SC07-14 : TEEJAY SIBANDA vs HILDA M SIBANDA
Ruled By: GWAUNZA JA, GARWE JA and GOWORA JA

SIMPSON ELECTRICAL (PVT) LTD The court a quo awarded the respondent 25% of the shares in Simpson Electrical (Pvt) Ltd, while the appellant was awarded the rest. The appellant is disgruntled at this order and prays that the award of 25% to the respondent be set aside. It is not disputed that Simpson Electrical (Pvt) Ltd was ...
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HB14-05 : SMART MALABA vs NOMATHEMBA FENNY MALABA
Ruled By: NDOU J

The plaintiff also testified that the parties jointly owned the dressmaking business. He outlined his contribution towards the setting up and subsequent life of the business.
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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

In paragraph 12 of his declaration, the plaintiff sought to be awarded the sole ownership of all shares in the company controlling Wonder Valley Farm and that the defendant be awarded sole and exclusive ownership of the poultry project on the farm….,. In reconvention, the defendant seeks…,. (a)…,. (b)…,. (c) 50% of the value of Wonder Valley Farm….,. Counsel for the defendant also submitted ...
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Appealed
HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

Unlike what is stated in his plea and counterclaim, the defendant, in his evidence, revealed that there are other companies in which he has interests. This was prompted by the plaintiff's evidence. Let me list the companies and briefly state what the defendant said. (a) Northwood Accounting Services (Pvt) Ltd This is the only company in which the ...
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SC25-09 : AIDAN BECKFORD vs ELIZABETH BECKFORD
Ruled By: SANDURA JA, ZIYAMBI JA and GWAUNZA JA

On 20 December 2006 the High Court granted a decree of divorce and other ancillary relief in a divorce action in which Mr Beckford was the plaintiff and Mrs Beckford the defendant. Aggrieved by part of the Order, Mr Beckford appealed to this Court. The Notice of Appeal, in relevant ...
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SC130-21 : PHILIPPA COUMBIS vs RONALD COUMBIS and DOVES FUNERAL ASSURANCE (PVT) LTD
Ruled By: GARWE JA, GOWORA JA and UCHENA JA

This is an appeal and cross-appeal against parts of the judgment of the High Court dated 4 September 2014 granting a decree of divorce and ancillary relief for and against the appellant (the plaintiff in the court a quo and the appellant in this appeal) and the cross-appellant (the defendant ...
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