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Maintenance re: Spousal or Post Divorce Maintenance, the Perpetual Dependence Syndrome and Maintenance Pendente Lite

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

The respondent also claimed periodical payment of maintenance at the rate of $2,000,000= per month until she died or re-married....,. Counsel for the appellant…, said that he was unable to point to any misdirection on the part of the learned Judge to support the ground of appeal against the order awarding the respondent periodical payments of maintenance ...
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HH14-12 : JOEL MATONGO vs FLORA MATONGO (NEE JOE)
Ruled By: CHITAKUNYE J

The plaintiff and the defendant were joined in holy matrimony on 13 June 1997, in terms of the Marriages Act [Chapter 5:11]. The marriage still subsists. They had, however, commenced living together as husband and wife, in terms of customary law, in August 1985. Their marriage was blessed with two ...
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HH134-09 : PUWAYI CHIUTSI vs CLARA CHIUTSI
Ruled By: MUSAKWA J

It was the plaintiff's contention that the defendant can take care of herself.
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Appealed
HH109-10 : MICHAEL PATRICK MORONEY vs VYVYAN JEAN MORONEY
Ruled By: MUSAKWA J

Regarding her maintenance, the defendant could not come up with a figure as she said she wanted to think about it. The plaintiff..., undertook to maintain the defendant on a suitable medical and dental aid scheme and to meet related shortfalls until she remarries or dies.
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HH151-10 : FRADRECK MUTAMBIRWA vs SHARON M. MUTAMBIRWA (NEE SHITO)
Ruled By: CHITAKUNYE J

At the same pre-trial conference the defendant withdrew her claim for spousal maintenance.
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HB149-10 : PETER PATRICK DUBE vs THEMBANI DUBE
Ruled By: MATHONSI J

Regarding the defendant's claim for personal maintenance, the plaintiff strongly argued that she is a professional woman earning a living. Her standard of living has improved since the parties started having problems to such an extent that she has imported a car and appears to be living comfortably. In his view, she should be ...
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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 ...
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HH61-11 : COLLIN SYDNEY DICKS vs AVERIL CAROL DICKS
Ruled By: CHITAKUNYE J

Maintenance The issue of post-divorce maintenance requires justification. The defendant is about 44 years old. The evidence led showed that she had worked at some time in the past before and during marriage. At the time of trial she said she was working on a temporal basis. Whilst it is true that she is not ...
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HH70-11 : PRISCILLA MHLANGA (nee MAKUYANA) vs SAMSON MHLANGA
Ruled By: CHITAKUNYE J

Another aspect the plaintiff brought in which was never part of the pleadings and was thus never canvassed in evidence is that of post-divorce maintenance. In her closing submissions, she now asked for an order to be issued to the effect that the maintenance order granted at the Magistrates Court, in case number M1357/07, should continue ...
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HH65-13 : REGGIENALD TANGIRAI vs THERESA HAZVINEYI TANGIRAI
Ruled By: GUVAVA J

The plaintiff stated that the defendant has been looking after herself since 2008 and there is no reason why he should maintain her now. He also states that he only earns a salary of US$610= and cannot afford to maintain the defendant and the children in the amounts claimed. On maintenance, the defendant stated that she ...
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HH91-13 : ALPHEUS MAGUMISE vs CRESSY MAGUMISE (NEE DZINGIRAI)
Ruled By: UCHENA J

The defendant also claimed for an order of maintenance in the sum of US$300= per month and contribution towards her costs in the sum of $800=….,. The defendant, in her counter-claim, claimed maintenance in the sum of US$300= per month. In her evidence, she reduced it to US$150= per month. In her evidence, the defendant ...
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HH176-11 : BEKITEMBA LENKOSI DUBE vs LIZZY DUBE nee SOKO
Ruled By: MAWADZE J

Maintenance I am not satisfied that that on the evidence led there is a basis to award post-divorce maintenance in favour of the defendant. The plaintiff is unemployed whereas the defendant is employed. Considering the financial burden this court shall place on the plaintiff in respect of the two children it is clear to me that the ...
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HB60-11 : REZIMOSI DUBE vs SANDRA FARAI DUBE
Ruled By: KAMOCHA J

Defendant's claim for personal maintenance During the subsistence of the marriage, he never used to give the defendant money for her personal maintenance. He only used to give her money for the household groceries. He always paid the children's fees from crèche to date without any assistance from the defendant. The defendant used to maintain ...
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HH197-14 : PELLAGIA NYAUDE vs INNOCENT RUNGANO NYAUDE
Ruled By: UCHENA J

The applicant is the respondent's wife, married to him in terms of the Marriages Act [CChapter 5:11]. They fell in love and married while they were working for Standard Bank Zimbabwe. In 2010, the respondent secured a job with Standard Bank Qatar. The applicant left her job with Standard Bank Zimbabwe to follow and live ...
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HH579-14 : RICHARD CHIWANDIRE vs CYNTHIA CHIWANDIRE
Ruled By: CHITAKUNYE J and TSANGA J

This is an appeal against an order for maintenance granted by the Magistrates Court in the sum of US$2,000= for the respondent, who is his wife, and their minor son. Upon hearing the appeal we granted the following order:“It is ordered that;1. The judgment of the court a quo is hereby set aside.2. ...
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Appealed
SC14-14 : CRESSY MAGUMISE vs ALPHEUS MAGUMISE
Ruled By: ZIYAMBI JA, GWAUNZA JA and GUVAVA JA

The sole issue to be determined therefore is that of maintenance. The appellant argues that the respondent is obliged to maintain her after divorce, on the basis of the marriage vows that he made and also because, due to a failed pregnancy that resulted in an operation, she was no longer able to support herself. In considering the ...
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SC24-13 : VYVYAN JEAN MORONEY vs MICHAEL PATRICK MORONEY
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

The last issue that falls for determination is the question of maintenance. In this regard, the learned judge a quo ordered that the respondent should maintain the appellant, at his cost, on a suitable medical and dental aid scheme and pay all shortfalls until the latter dies or remarries - whichever occurs sooner. The ...
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HH28-15 : LINDIWE CHIFAMBA vs ELIJAH CHIFAMBA
Ruled By: TSANGA J and CHITAKUNYE J

With regard to the third ground of appeal, which essentially challenges the adequacy of the amount ordered, maintenance pending divorce is supposed, as much as possible, to allow a party to lead the lifestyle that they were accustomed to. In other words, the marital status quo is to be preserved as much as possible ...
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HH44-15 : NYARAI NYAMBUYA (NEE BAKASA) vs HURBERT FUNGAI NYAMBUYA
Ruled By: CHITAKUNYE J

A perusal of the pleadings shows that there was no amendment to the pleadings to incorporate a maintenance claim for the plaintiff….,. It is only a Maintenance Order by a Maintenance Court at Harare Magistrates Court which states that the respondent was to pay $500= per month to the applicant and to also pay her university ...
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HH394-16 : TRACEY LEIGH MACKINTOSH (nee PARKINSON) vs ANTONY WILLIAM McDONALD MACKINTOSH
Ruled By: MWAYERA J

In this day and age, where equality is the central aspect in all spheres of life, maintenance of an ex-spouse cannot be indefinite. I subscribe to the reasoning in Chiomba v Chiomba 1992 (2) ZLR 197 (S) wherein it was stated: “Marriage can no longer be seen as providing a woman a bread ticket for life. ...
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HH674-14 : ISAAC SITHOLE vs LUCIA SITHOLE (NEE MUTORE)
Ruled By: CHITAKUNYE J

The defendant pleaded that:- 1….,. 2. The plaintiff must pay her post divorce spousal maintenance in the sum of $100= per month until she dies or remarries….,. As regards post-divorce spousal maintenance, the plaintiff offered nothing. The defendant, on the other, had asked for $100= per month (as per her plea) and $150= in her viva voce evidence. The plaintiff's argument was ...
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Appealed
HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

The defendant is of the view that the plaintiff is not entitled to maintenance after the divorce as she has worked for her entire life and is currently running a successful business hence she is a person of means….,. MAINTENANCE IN RESPECT OF THE PLAINTIFF The plaintiff, at the time of the trial, was receiving US$2,000= per month as ...
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Appealed
SC50-20 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: GARWE JA, BHUNU JA and MAKONI JA

This is an appeal against part of the judgment of the High Court. The appellant specifically appeals against paragraphs 2 and 3 of the operative part of the judgment which awarded the respondent maintenance at the rate of US$3,000 per month until she dies, remarries, or cohabits with another man ...
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HH540-16 : ALASTAIR SMITH vs ABIGAIL SMITH
Ruled By: UCHENA J

The plaintiff sued his wife, the defendant, seeking a decree of divorce and other ancillary orders.The parties were married on 5 October 1991 in Bulawayo. Their marriage was blessed with a son who has since attained the age of majority and obtained his first degree. He is staying with the ...
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HH118-09 : THERESA CHIGONDE vs WILLIAM CHIGONDE
Ruled By: MAVANGIRA J

The parties agreed that there is no need for a maintenance order in favour of either of them.
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SC66-17 : DORICA MUZONGONDI vs CALISTO MUZONGONDI
Ruled By: GARWE JA, GOWORA JA and PATEL JA

The parties were formerly married in terms of the law; they are no longer married having been divorced by the High Court on 3 February 2013. This is an appeal against part only of a judgment granting the decree of divorce.The parties concluded a customary union in 1995, and, on ...
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HH31-08 : G vs G
Ruled By: MAKARAU JP

The defendant prayed for maintenance for herself and the minor children.She is a Bachelor of Science graduate who is gainfully employed. In praying for maintenance for herself, the defendant argued, that, since the plaintiff is the one who has decided to terminate the relationship, he should be compelled, by law, ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

The Maintenance Act [Chapter 5:09] also seeks to taint adultery. Section 10 of the Maintenance Act, on adultery, reads:“Where a spouse is proved to have committed adultery before or after making an order and such adultery has not been condoned, the Maintenance Court may refuse to make an order for ...
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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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