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Maintenance re: Variation, Suspension, Extension, Discharge or Rescission of a Maintenance Order and Arrear Maintenance

Appealed
SC06-11 : DARREN STEWART THORNTON vs KATHLEEN ENID THORNTON
Ruled By: ZIYAMBI JA, GARWE JA and CHEDA AJA

The parties herein were divorced by an order of the High Court dated 18 March 2004 (“the Order”). In terms of that Order, the respondent was granted custody of the minor child, Graydon William Thornton, born 30 January 1996, and the appellant was ordered to pay maintenance for the minor child. Clauses 6 ...
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HH143-09 : KATHLEEN ENID THORNTON vs DARREN STEWART THORNTON
Ruled By: MAVANGIRA J

The parties herein were divorced by this court on 18 March 2004 under HC 7136/2003. The divorce order incorporated an order for the maintenance of the minor child of the marriage and two natural children of the applicant, who are the step-children of the respondent. The terms of the maintenance order provide, inter alia..., ...
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HH143-09 : KATHLEEN ENID THORNTON vs DARREN STEWART THORNTON
Ruled By: MAVANGIRA J

The respondent concedes the need for a variation of the order for maintenance. He contends that it is common cause, or ought to be accepted, that, in view of the changes that have taken place in the economy of this country since the original order was granted, the application for the variation of the original maintenance ...
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HH143-09 : KATHLEEN ENID THORNTON vs DARREN STEWART THORNTON
Ruled By: MAVANGIRA J

In casu, the applicant is, by implication, asking that the court infers that the respondent's means have altered, or that he has the means to pay the maintenance that she says is now required for the upkeep of the minor child...,. In Marufu v Moyo 1983 (2) ZLR 386..., GEORGES CJ said – “In her evidence, the wife ...
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HB144-11 : PROSPER CHIGU vs LAWRENCE GAVA
Ruled By: NDOU J and MATHONSI J

This is a civil appeal against the decision of a Gokwe Senior Magistrate. The parties were customarily married in 2000. The union was blessed with two children, Samuel and Anotidaishe. The parties' union was terminated pursuant to action instituted by the respondent on 8 April 2008 under case number Gokwe CL 11/2008. At the time ...
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HH194-14 : GILBERT CHINYA HUNGWE vs HANDINA FAITH HUNGWE
Ruled By: MAWADZE J

This is an opposed application for variation of a court order in respect of custody of one of the minor children and a maintenance order in respect of the other minor child in the following terms; “IT IS ORDERED THAT:- 1. Custody of the minor child D (born on 11th November 2003) be and is hereby awarded ...
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HH204-14 : KENNETH DONALD ARRAND vs LORAINE JEAN ARRAND
Ruled By: UCHENA J

The applicant was married to the respondent until 6 August 2009 when they were granted a decree of divorce by this court. The Divorce Order granted the respondent spousal maintenance in terms of their consent paper. The consent paper provided for the respondent's maintenance as follows; “Until plaintiff's death or remarriage defendant will pay to the ...
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SC14-16 : DAVID RICHARD KEMPEN vs CARROL KEMPEN
Ruled By: MALABA DCJ, GUVAVA JA and BHUNU JA

This is an appeal against a portion of the judgment of the High Court dated 30 April 2015. The order is couched in the following terms: “In the result, it is ordered as follows:- 1. That respondent shall forthwith pay to the applicant the sum of US$3,026= by way of reimbursement of medical aid subscriptions. 2. ...
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HH28-15 : LINDIWE CHIFAMBA vs ELIJAH CHIFAMBA
Ruled By: TSANGA J and CHITAKUNYE J

The appellant also appealed on the grounds that arrear maintenance had not been granted by the court below. The issue of arrear maintenance for a spouse is one that is fairly settled, as discussed in the case of Keates v Keates HH89-95 in which ROBINSON J…, explained the position as follows: “…, it appears that ...
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HB107-16 : MUNETSI BLESSING MASEDEWE vs MANYARA MASEDEWE
Ruled By: BERE J

This application was brought on a certificate of urgency and seeks to stay execution of a certificate of confirmation of arrear maintenance issues in terms of section 23(b) of the Maintenance Act [Chapter 5:09] pending determination of the appeal filed in this court under HCA117/15 challenging the confirmation of the ...
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Appealed
SC37-18 : TRACEY LEIGH MACKINTOSH (NEE PARKINSON) vs ANTONY WILLIAM MACKINTOSH
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

This is an appeal against the decision of the High Court dismissing with costs an application filed by the appellant for the upward review of the amount of maintenance payable by the respondent in respect of the appellant and two minor children of the former matrimonial union. The court a quo concluded that no good cause for such upward ...
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HH394-16 : TRACEY LEIGH MACKINTOSH (nee PARKINSON) vs ANTONY WILLIAM McDONALD MACKINTOSH
Ruled By: MWAYERA J

On the other hand, the thrust of the applicant's argument of variation of maintenance is provided for in the Matrimonial and Causes Act, section 9, which states: “Without prejudice to the Maintenance Act [Chapter 5:09]; an appropriate court may, on good cause, shown, vary, suspend or rescind an order made in terms of section 7 and ...
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HH674-14 : ISAAC SITHOLE vs LUCIA SITHOLE (NEE MUTORE)
Ruled By: CHITAKUNYE J

The defendant pleaded that:- 1. The plaintiff should be ordered to provide maintenance for the minor children at an increased figure of $80= per month per child in addition to providing educational needs as per the existing Maintenance Order;…,. The plaintiff…, testified on his inability to pay the maintenance sum the defendant claimed….,. Section 7(1)(b) of the Matrimonial Causes ...
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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

In lieu of maintenance in the sum of $600,000= per month the plaintiff offered the defendant a BMW motor vehicle….,. In reconvention, the defendant seeks…,. (a)…,. (b) Maintenance for herself in the sum of $2,000,000= per month until she dies or remarries….,. Maintenance The defendant applied for maintenance in the sum of $2,000,000= per month. The plaintiff does not dispute that she is entitled ...
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HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

The appeal is against the entire judgment of the court a quo wherein the court ordered, that, the appellant pays maintenance in the sum of $350 per month until the respondent becomes self-supportive. The appellant raised grounds of appeal as follows:“1. The learned magistrate erred and misdirected herself in awarding ...
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HH335-14 : ZUWA DAMSON vs LINCOLN USHAMBA
Ruled By: TSANGA J

This urgent application turned upon the issue of whether an order of maintenance from the Magistrate Court, that is currently pending review, can be varied, even provisionally, by the High Court through an urgent chamber application.My immediate legal view was that this was not possible.However, since the parties were self-actors, ...
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