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Division of Assets of the Spouses re: Prejudicial Disposal, Alienation or Concealment of Assets & Marital Property Regime

HH72-12 : STUPENDIS ENTERPRISES (PVT) LTD vs ADMIRE KASI and SARAH KASI and THE REGISTRAR OF DEEDS and COMMISSIONER-GENERAL, ZIMBABWE REVENUE AUTHORITY
Ruled By: HUNGWE J

The applicant seeks an order for specific performance of a contract of sale of an immovable property called Lot 1 of Subdivision 2 of Lot 382A Highlands Estate measuring 4,043 square metres held under Title Deed No.13635/2001, registered in the names of the first and second respondents, husband and wife respectively….,. The second respondent is opposed to ...
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SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

In Chambers in terms of Rule 31 of the Rules of the Supreme Court (“the Rules”).This is an application for an extension of time in which to note an appeal against the whole judgment of the High Court given on 27 February 2008.The applicant and the third respondent were married ...
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HH86-12 : ELIJAH KASEZA vs LANGTON KASEZA and WINNIE MURAPE
Ruled By: MAVANGIRA J

This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from ...
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HH99-09 : ALSPITE INVESTMENTS (PRIVATE) LIMITED vs TENDAYI WESTERHOFF
Ruled By: MAKARAU JP

The defendant was married to one Clemens Westerhoff in terms of the marriages Act [Chapter 5.11]. The marriage was dissolved by this court on a date that is not readily ascertainable, and is, any event, immaterial for the purposes of this trial. During the subsistence of the marriage, the parties had acquired an immovable property called Stand ...
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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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HB48-09 : KUNDAYI KWARAMBA vs TITUS NDLOVU and NTANDOYENKOSI NDLOVU (NEE SIBANDA) and REGISTRAR OF DEEDS, N.O. and DEPUTY SHERIFF, BULAWAYO
Ruled By: CHEDA J

This is a court application for a transfer of property whose relief is couched as follows: “It is ordered that:- The Respondent be and is hereby ordered, directed, authorized and compelled to proceed with the transfer of Stand No.7204, Nketa 9 Township, Bulawayo from 1st Respondent to Applicant's names notwithstanding any pending cases under HC113/03, HC1549/03, HC131/03 and HC176/07 and ...
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HH115-10 : NASSAH MUKOMBERANWA vs VIVIAN MOKOMBERANWA
Ruled By: MUSAKWA J

In respect of the immovable property, the plaintiff testified that upon the defendant's return they held a family meeting on 6 July 2006. At that meeting the defendant admitted that she had purchased some properties without the plaintiff's knowledge. These included the Belvedere West Stand and the Norton Stand.The plaintiff ...
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HH177-10 : PETER MUTENDA vs MEDIA MUTENDA
Ruled By: MUSAKWA J

Section 7(4) of the Matrimonial Causes Act [Chapter 5:13] was applied in the case of Usayi v Usayi 2003 (1) ZLR 684 (S) which both counsels referred to. In that case, the parties had been married for thirty nine years. The husband had sold the matrimonial home by the time the divorce was granted. ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

Indeed, it is a fact that summons having been issued on 7 February 2007 the plaintiff had to approach the court by way of urgent chamber application and on 7 May 2009 in HC1961/09 this court issued an order interdicting the defendant from “further alienation of matrimonial property…,.” The plaintiff claimed that she was forced ...
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HH226-10 : PEPUKAI MUSARIRI vs MUSIWA MUTAVAYI and BLESSING KUPARA and NORTON TOWN COUNCIL and REGISTRAR OF DEEDS
Ruled By: MUSAKWA J

Following the plaintiff's and the first defendant's divorce in the Magistrate's Court at Norton, they were both awarded equal shares in House Number 4334 CABS, Ngoni, Norton. The first defendant subsequently sold the house to the second defendant. The plaintiff is seeking an order nullifying the Agreement of Sale that was concluded between the first and the ...
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HB28-10 : MABEL TATSHI NDLOVU vs PATRICK NDLOVU and LINDELWE MLOTSHWA and THE REGISTRAR OF DEEDS, BULAWAYO
Ruled By: KAMOCHA J

The applicant was married to the first respondent until their marriage was dissolved by this court on 20 October 2005. The court ordered, inter alia, that the matrimonial house, which is Stand Number 632 Nketa, be evaluated by a reputable estate agent and the net proceeds be shared as follows: (a) Applicant 40%; and (b) First ...
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HH129-11 : STEPHEN ZINGWE vs SYNODIA GWANZURA (nee CHETENI) and PETTION ELTON GWANZURA
Ruled By: KUDYA J

The plaintiff has lived in the United Kingdom for the past 11 years where he works as a Research Development Officer. He flew into the country on 6 December 2002. He instructed Trevor Dollar Estate agents of Gweru to buy a property in the low density suburbs of Gweru for him. He paid into ...
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HH165-11 : EUSEBIA BUTAU vs LEONARD BUTAU
Ruled By: GUVAVA J

The brief facts which have given rise to this matter may be summarized from the applicants founding affidavit as follows. The applicant in this matter is the plaintiff in case number HC4981/07 wherein she is seeking an order for divorce and ancillary relief. The respondent is the defendant in that matter. During the course ...
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HB164-11 : TIEDZEI PHIRI vs RAPHAEL PHIRI and MR MAZURA and REGISTRAR OF DEEDS, BULAWAYO and DEPUTY SHERIFF
Ruled By: NDOU J

The salient facts of the matter are the following. On 12 March 2011, the second respondent entered into an Agreement of Sale of Stand Number 6905 Nketa 9, being a 4 roomed house, with Raphael Phiri (1st respondent) on his own behalf and on behalf of the estate of his late mother, Betty Phiri. This house ...
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Appealed
SC51-17 : A SHONHAYI DENHERE vs MUTSA DENHERE (Nee MARANGE)
Ruled By: GOWORA JA, GUVAVA JA and MAVANGIRA JA

The appellant has contended that the court a quo misdirected itself in including the Toyota Land Cruiser and the Mazda Titan in the movable assets for distribution. He suggested that as he had sold them prior to the divorce they should not form part of the matrimonial estate. The court a quo awarded the ...
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HH312-17 : RACHEL CHIPARAUSHE (nee CHIMFWEMBE) vs LANGTON CHIPARAUSHE and JOHANNES CHIPARAUSHE
Ruled By: CHITAKUNYE J

The second defendant is the first defendant's nephew, born of his blood sister. He has been cited due to a property he purportedly purchased from the first defendant which the plaintiff claims is matrimonial property....,. The plaintiff…, alleged that the first defendant wrongfully, unlawfully and maliciously registered the immovable property, namely, Stand 24 Goromonzi Business Centre, in the ...
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HH198-16 : TANIA ROCHE (as Curator Bonis of Anita Bruk-Jackson) vs IAN MIDDLETON (as Testamentary Executor to Estate Late Chester Bruk-Jackson) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

As regards the rights of a spouse in a situation of a conflict between Family Law rights and Property Law rights - property law rights tend to take precedence. In Muswere v Makanza 2004 (2) ZLR 262 (H) the court held that: “A wife cannot stop her husband from selling the matrimonial home or any other immovable property forming the joint estate if ...
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HH468-18 : KETHIWE VAN DER SANDEN vs ROBERTUS ANTOINE W. VAN DER SANDEN and ROY MASAMBA and REGISTRAR OF DEEDS N.O.
Ruled By: CHIRAWU-MUGOMBA J

The second respondent was in default and I proceeded to hear argument on the merits. In the present case, the applicant sought an interdict and the placement of a caveat on property that essentially now belongs to a third party, who happens to be the second respondent. This application brings to the fore an issue that this court ...
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HH272-15 : VENENCIA CHIMINYA vs ESTATE LATE DENNIS CHIMINYA and PASSIVELY CHIMINYA and THE MASTER OF THE HIGH COURT
Ruled By: MWAYERA J

It is appreciated that marriage regimes in Zimbabwe, in the absence of antenuptial contracts, are out of community of property.
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HH674-14 : ISAAC SITHOLE vs LUCIA SITHOLE (NEE MUTORE)
Ruled By: CHITAKUNYE J

It is trite law that a wife cannot bar her husband from selling assets registered in his name moreso when no divorce action requiring the distribution of those assets is instituted. However, the court can intervene where a sale is not genuine but is meant to defeat the wife's cause. In Muzanenhamo Anor v Katanga ...
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Appealed
SC15-09 : MASIYIWA CLEOPAS GONYE vs STELLA MARIS GONYE
Ruled By: SANDURA JA, ZIYAMBI JA and MALABA JA

Stand No.12 Lomagundi Road, Mount Pleasant was purchased in July 2004. The appellant registered the property in the name of his new wife….,. At the end of the trial, the court a quo made an Order in the following terms: “1….,. 2…..,. 3. That the defendant be awarded: (a) 25% of the value of the Mazda 626 and No.12 Lomagundi Road ...
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HH65-12 : CHARWADZA MADZWAWAWA vs ROSEMARY VAMBE
Ruled By: GUVAVA J and MAWADZE J

The Magistrates Court, applying the provisions of the Domestic Violence Act [Chapter 5:16] granted an interim protection order in favour of the respondent which was later confirmed on 16 March 2010. The final protection order confirmed by the court a quo reads as follows: “1….,. 2. The respondent (now the appellant) is interdicted from selling the matrimonial home, being Number 50 Banister ...
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HH225-11 : KERENZA MUSHATI vs LUISE KUDAKWASHE MUSHATI and SMART MTETWA and REGISTRAR OF DEEDS
Ruled By: MAWADZE J

This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows: “TERMS OF INTERIM RELIEF SOUGHT It is ordered that: 1. The sale of the property known as LOT 5 of LOT 264 Greendale Township, Harare also known as No.1 Sancha Close, Greendale, Harare be and is hereby suspended pending the final determination ...
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Appealed
SC14-19 : JUDITH ISHEMUNYORO (NEE MANDIDEWA) vs ANTHONY ISHEMUNYORO and TYNSERVE DISTRIBUTORS (PVT) LTD and THE REGISTRAR OF DEEDS and THE SHERIFF FOR ZIMBABWE
Ruled By: GWAUNZA JA, HLATSHWAYO JA and ZIYAMBI AJA

In our law, the legal regime governing ownership of immovable property by spouses, within a subsisting marriage, reinforces rather than derogates from the principle that ownership of real rights is to be protected. In simple terms, it provides for marriages out of community of property in the absence of an antenuptual contract executed by the spouses ...
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HH348-17 : JUDITH ISHEMUNYORO (nee MANDIDEWA) vs ANTONY ISHEMUNYORO and TYNSERVE DISTRIBUTORS (PVT) LTD and THE REGISTRAR OF DEEDS and THE SHERIFF FOR ZIMBABWE
Ruled By: MUNANGATI-MANONGWA J

It is time that the legislature listens to the outcry that has resulted from the disposal of family homes by either spouse encumbering or selling a matrimonial home without the knowledge of the other leaving the family destitute. The Constitution recognizes the right to family and its protection to shelter and indeed protection of children. These ...
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SC20-19 : GRACE SHURO vs MOLLY CHIURAISE and CITY OF MASVINGO
Ruled By: GARWE JA, HLATSHWAYO JA and BHUNU JA

It is clear, on a perusal of the Agreement of Sale entered into by and between the Minister of Local Government and National Housing and the late Walter Style Matumba, that the first respondent was not, in fact, a co-purchaser of the property in question. Her name and particulars appear on the agreement merely on ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the High Court.The question for determination is whether the law governing the property rights of married persons, or the law of testamentary disposition of estates, binds a testator to bequeath his or her right in an estate to the husband or ...
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Appealed
SC87-20 : CECK ENTERPRISES PL vs MARIA SITHOLE and MATHIAS SITHOLE (represented by TAKURA MUKWESHA as Executrix Dative) and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: GWAUNZA DCJ, HLATSHWAYO JA and BHUNU JA

This is an appeal against the whole judgement of the High Court handed down on 14 March 2018 dismissing the appellant's counter claim against the first respondent.FACTUAL BACKGROUNDThe first and the second respondents were married and later on divorced. They owned a property, namely, Stand No.2395 Glen View (“the property”). ...
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HH404-16 : STANCILOUS MAJURU vs ESTATE LATE CAROLINE MAJURU and DARLINGTON MUCHENJE and FAITH MUNJERI and GODWIN MUNJERI and MASTER OF HIGH COURT N.O.
Ruled By: MWAYERA J

The applicant approached the court seeking invalidation of a will by his late wife Caroline Majuru. The will was accepted by the fifth respondent on 25 April 2013.The applicant was married to the testator, the late Caroline Majuru, in terms of the Marriage Act [Chapter 5:11] in 1999. The applicant ...
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Appealed
SC89-20 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

This is an appeal against part of the judgment of the High Court upholding the respondent's claim of a 50% share of an immovable property registered in the appellant's name pursuant to the distribution of property upon divorce.THE FACTSThe appellant and respondent were married in 1970 in terms of an ...
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HH446-18 : EMMACULATA MHORA vs GOVATI MHORA
Ruled By: CHIRAWU-MUGOMBA J

The famed Nigerian author, feminist, and motivational speaker, Chimamanda Ngozie Adichie, in one of her TED talks discussed an interesting topic titled, “The dangers of a single story.” She talked about how she was initially shaped by one narrative on life but she later realized how dangerous such a trajectory ...
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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

It must be emphasized, that, where a spouse acts in contempt of court orders distributing their assets, hides some of the assets, lies about his or her ownership of some of the property, and deliberately resorts to self-help, the court is entitled to award, to the other spouse, the remaining ...
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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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HH974-15 : GUGULETHU HURASHA vs CENTRAL AFRICAN BUILDING SOCIETY and FIRST CAPITAL PLUS and ITAYI MUNYEZA and SHERIFF OF ZIMBABWE and MASTER OF THE HIGH COURT
Ruled By: NDEWERE J

The applicant and the third respondent divorced on 16 January 2014 in Case No. HC7328/13.In terms of a consent paper concluded on 14 November 2013, which became part of the divorce order of 16 January 2014, the applicant and the third respondent agreed to give their matrimonial home, Stand No.17074 ...
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HB39-15 : JEMITIOUS GUMBO vs VARAIDZO GUMBO
Ruled By: KAMOCHA J

The plaintiff and defendant got married on 18 September 2007. The plaintiff was a widower and the defendant was a divorcee at the time of the marriage. Each had two children from the previous marriage but they had no children together. They had started cohabiting two years before they got ...
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HMA01-19 : ANNA MAWARE vs EMMANUEL CHIWARE
Ruled By: MAFUSIRE J

There were allegations by the defendant, that the plaintiff did not refute, that she also has a counter bottle in the rural areas.
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CC05-22 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: PATEL JCC

This is a chamber application for condonation and extension of time within which to file an application for leave to note an appeal against the decision of the Supreme Court under judgment number SC89-20.The instant application was made pursuant to Rule 35 of the Constitutional Court Rules 2016.The applicant craves ...
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