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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 ...