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Division of Assets of the Spouses re: Non-Matrimonial Property and the Composition of the Distributable Estate

Appealed
SC15-09 : MASIYIWA CLEOPAS GONYE vs STELLA MARIS GONYE
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

The order in paragraph 3 directing the appellant to pay the respondent 25% of the value of the Mazda 626 registration No. 843-703 S and 25% of the value of the Domboshava House was appealed against on the ground that the learned Judge misdirected himself in treating these assets as “matrimonial property”. The contention was that the ...
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Appealed
HH34-12 : CHRISTIANE KWEDZA (nee MARTIN) vs MUSA KWEDZA
Ruled By: CHITAKUNYE J

The plaintiff and defendant were joined in holy matrimony in terms of the Marriages Act [Chapter 5:11] on 8 January 1988 at Harare. Their marriage subsists.Their marriage was blessed with two children who are now adults.During the subsistence of the marriage they acquired both movable and immovable properties.After many years ...
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HH51-12 : TENDAYI MUNDAWARARA vs EMELDA MUNDAWARARA
Ruled By: MAWADZE J

The plaintiff and the defendant are husband and wife respectively and they married each other in Harare on 7 March 1990 in terms of the Marriage Act [Chapter 5:11]. Prior to that, the parties had married traditionally on 21 January 1990 and the same marriage was blessed in church on ...
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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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HH71-10 : FELISTAS MUTSETA vs ELLIOT ENOCK MUTSETA
Ruled By: MAVANGIRA J

The defendant denied any knowledge of the claims made in the letters addressed to him to certain items of property. He maintained that he did not set up a household with the mistress and did not purchase any property, and that he had no idea as to what she was talking about. Despite his denials, ...
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HH118-09 : THERESA CHIGONDE vs WILLIAM CHIGONDE
Ruled By: MAVANGIRA J

This is a divorce action in which the plaintiff issued summons seeking a decree of divorce and other ancillary relief.She also seeks an order for the custody of the two minor children of the marriage with the defendant being allowed reasonable access. She also seeks an order that the defendant ...
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HH134-09 : PUWAYI CHIUTSI vs CLARA CHIUTSI
Ruled By: MUSAKWA J

The plaintiff also testified that when he was employed by the Public Service he was allocated a three bed roomed flat, described as Number 91 Block 7, Francis Flats, Belvedere. At some stage, he contributed towards a housing scheme run by the then Ministry of Local Government and National Housing ...
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HH74-10 : CHARLES MAKANI vs GERTRUDE MAKANI (NEE ZIMONDI)
Ruled By: GUVAVA J

The plaintiff and the defendant married on 28 June 2002 in Finland. No children were born of this union. In December 2007 the plaintiff moved out of the matrimonial home, and, on 30 April 2008, he issued summons out of this court seeking a decree of divorce and other ancillary ...
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HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

In her declaration, the plaintiff contended that Ronoe Enterprises (Pvt) Ltd had acquired, among other items, a Toyota Corolla and a Mazda B2200DX...,. The plaintiff's only desire was to be allocated a Toyota Corolla motor vehicle.The defendant countered this by alleging that the motor vehicle claimed by the plaintiff had ...
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

In relation to the movable property, the plaintiff stated that she was entitled to the property claimed in her declaration. She denied that she had included property which had been left by the defendant's first wife. She also denied that some of the property had been bought by Yolanda Madondo....,.The ...
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HH41-10 : JOHANNES NYAMAYEDENGA vs ANGELA NYAMAYEDENGA
Ruled By: MUSAKWA J

As for the immovable house, there is no doubt that it constitutes matrimonial property. It is only that the plaintiff has not yet taken title. However, he paid the purchase price in 1999.
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HH49-10 : HENRY NYOKA vs JENNIFER MUREZA
Ruled By: MAVANGIRA J

The plaintiff issued summons for the ejectment of the defendant from House No.14 Msasa Park Drive, Msasa Park, Harare. The basis of the plaintiff's claim is that he is the sole owner of the immovable property.He avers that upon the termination of an unregistered union between him and the defendant, ...
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HH68-10 : ALVIN CRISP vs STELLA MARY MASVIKENI
Ruled By: MUSAKWA J

Since the death of the plaintiff's business partner, 59 Caledon Avenue, Prospect, has been distributed to the surviving spouses. This was not disputed by the defendant. Therefore, the claim in respect of 59 Caledon Avenue, Prospect falls away.
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HH78-10 : EUGENIA MTENGWA vs OLIVER MTENGWA
Ruled By: MUSAKWA J

The plaintiff also owns another house which was acquired for her by her father before she got married. In making an award, the court will have to take that into account.
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

As regards Number 3 Selmont Gardens, the starting point to note is that it was acquired during the subsistence of the marriage and therefore constitutes matrimonial property....,.Although the defendant claimed that she is the one who purchased the two refrigerators it is not in dispute that they were acquired during ...
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Appealed
HH109-10 : MICHAEL PATRICK MORONEY vs VYVYAN JEAN MORONEY
Ruled By: MUSAKWA J

According to the plaintiff, the Lloyds account was opened in the 1980's after his parents had died. The funds came from his inheritance. Some funds were deposited into Standard Bank, South Africa account. The account was opened when the parties intended to settle in South Africa. There is also an account with ABSA which ...
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HH115-10 : NASSAH MUKOMBERANWA vs VIVIAN MOKOMBERANWA
Ruled By: MUSAKWA J

On movables, the plaintiff testified that there is a Nissan double cab which is registered under Transelectrical (Private) Limited...,.On generators, the plaintiff stated that they belong to Transelectrical (Private) Limited....,.The plaintiff also stated that the Unit 'L' property and the Norton stand were acquired through the defendant's brother in whose ...
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HH151-10 : FRADRECK MUTAMBIRWA vs SHARON M. MUTAMBIRWA (NEE SHITO)
Ruled By: CHITAKUNYE J

Section 7(3) of the Matrimonial Causes Act [Chapter 5:13] provides for assets that the court may not consider in the exercise of its powers in terms of section 7(1)(a) of the Matrimonial Causes Act [Chapter 5:13]; these include assets acquired by inheritance, in terms of any custom and which in terms of that custom, ...
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HH159-10 : LANGTON MAKONZA vs PEMBERAI ALICE VICTORIA MAKONZA (nee BIZABANI)
Ruled By: CHITAKUNYE J

The Nissan Hardbody the defendant had alluded to was involved in a road traffic accident and was declared a write off. The only motor vehicles available are, therefore, the B1800 and the Opel Kadett. When asked about a motor vehicle which the plaintiff said she was using, and not the B1800, the defendant said that ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

Regarding Plot No.17 Lee Farm, it was put to the plaintiff that the defendant would say that he had given it to her at the same time that the lump sum payment of $73,200,000= was made and that he has no control over it as it is her property.The plaintiff denied this.The defendant said that ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

It was also put to the plaintiff that the defendant would say that they never owned a Mazda B1800 registration number AAM 1183. The plaintiff said that they did own such a vehicle but that the defendant donated it to ZAOGA Church in Rusape without her consent. She did not, however, have any documents on ...
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HB149-10 : PETER PATRICK DUBE vs THEMBANI DUBE
Ruled By: MATHONSI J

The plaintiff also denies the existence of livestock, as alleged by the defendant, saying that a lot of livestock died during long drought spells and that at present there are five (5) head of cattle and a calf, three (3) of which he inherited from his father. He could not explain why only those ...
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Appealed
HH27-11 : CALLISTO MUZONGONDI vs DORICA MUZONGONDI (nee OFFICE)
Ruled By: CHITAKUNYE J

In the year 1995, the plaintiff married the defendant in terms of customary law. They had apparently commenced living together prior to the formalization of the union in terms of customary law. On 31 March 2000 their marriage was solemnized in terms of the Marriages Act Chapter 5:11]. The marriage ...