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Division of Assets of the Spouses re: Claim of Custodian Parent to Reside in the Marital Home and Usufruct Rights

HH71-10 : FELISTAS MUTSETA vs ELLIOT ENOCK MUTSETA
Ruled By: MAVANGIRA J

The parties reached agreement as to the disposal of most movable items. They only require this court to determine the distribution of two immovable properties, being Stand 3687 Old Highfield, Harare and Stand 7635 New Stands, Old Highfield, Harare, as well as a Nissan Sunny motor vehicle. With regards to the immovable property, the plaintiff prays for ...
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HH118-09 : THERESA CHIGONDE vs WILLIAM CHIGONDE
Ruled By: MAVANGIRA J

The plaintiff is going to be the custodian parent of the minor children of the marriage. She indicated that any move from the matrimonial home could mean a disruption in their schooling as they would probably need to change schools. The parties are currently living in the matrimonial home whose ...
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HH156-09 : FREDDY CHINYAVANHU vs LETWIN CHINYAVANHU
Ruled By: GUVAVA J

I have determined that the defendant should be awarded custody of the minor children. As the custodian parent she will need to look for suitable accommodation for herself and the children. They require a house in a good area as that is what the defendant and the children are accustomed ...
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

The defendant indicated that she wants to retain the matrimonial home for the sake of the children. She expressed her willingness to buy out the plaintiff's share....,.Counsel for the defendant submitted that the dispute between the parties centres on the children whose custody was awarded to the defendant. In making ...
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

The plaintiff also seeks an order that she continues to reside in the matrimonial home with the children until Andreas Wilfred Koumides attains the age of eighteen or becomes self-supporting, whichever first occurs. Thereafter, the property would be sold and the net proceeds equally shared. She also seeks an order to the effect that the ...
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HH177-10 : PETER MUTENDA vs MEDIA MUTENDA
Ruled By: MUSAKWA J

(a) ...,. (b) ...,. (c) ...,. (d) ...,. (e) ...,. (f) The plaintiff shall secure two bed roomed accommodation for the minor children within the Waterfalls area before they leave the matrimonial home.
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HH02-13 : RUMBIDZAI SHAAMANO vs JABULANI NKOSI
Ruled By: CHITAKUNYE J

Counsel addressed the court on the plaintiff's request to be granted usufruct rights over Stand No. 18A Newbold Road, Greystone Park, Harare. It is common cause that the property is registered in the parties' child who is still a minor. The registered owner of the property was not party to these proceedings. Neither of ...
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HH04-13 : JACKSON CHIKONYE vs ANNAH CHIKONYE
Ruled By: GUVAVA J

It was not disputed from the evidence that the defendant has been looking after the minor children of the marriage on her own since the plaintiff moved out of the matrimonial home. Although there is a maintenance order in existence, the plaintiff has not been able to pay. The burden of looking after the ...
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HH22-11 : SHEPHERD MASAWI vs MARGRET MASAWI
Ruled By: GUVAVA J

The plaintiff in this matter issued summons out of this court claiming a decree of divorce, custody of the minor children of the marriage, and other ancillary relief.Four issues were referred to trial in terms of a joint pre-trial conference minute filed by the parties on 27 November 2008. The ...
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HH24-11 : NOBUHLE MUPUDZI vs RUEBEN MUPUDZI
Ruled By: CHITAKUNYE J

On the immovable property, which is essentially the matrimonial home, the plaintiff requested to be granted occupation of that property. On the immovable property, the defendant suggested that the property be awarded to him with apparently nothing for the plaintiff…..,. On 30 July 2009, the defendant filed a notice to amend his plea in paragraphs 8, 9 and ...
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HH78-11 : PETER MUCHIRAHONDO vs BARBRA MUCHIRAHONDO (nee TIVENGA)
Ruled By: CHITAKUNYE J

The defendant…, disagreed with the plaintiff's suggestion on how to deal with the immovable property. In her plea she suggested that:- “It is just and equitable that the defendant remains in the matrimonial home until both children become self-supporting whereupon the property will be sold and proceeds shared equally between the parties. Alternatively, the property be sold ...
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HH100-11 : FANNY CHIOPOFYA (Nee Nkwazi) vs MESSIAH CHIPOFYA
Ruled By: MAWADZE J

Further, in relation to the immovable property, being a house in Budiriro, namely No.5493, 5th Close Budiriro, Harare, the parties agreed that the house be registered in equal shares in the names of their two children and that the defendant exercises a usufruct to the house….,. 1. …,. 2. …,. 3. …,. 4. …,. 5. The immovable property being, Stand Number 5493, 5th Close, Budiriro, ...
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View Appeal
SC29-14 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: ZIYAMBI JA, GWAUNZA JA and GOWORA JA

The court a quo further ordered that the respondent be given the right to remain in occupation of Stand No.17170 Sable Street, Borrowdale, until the minor child of the marriage, Y, attained majority age. Upon this event, the respondent was given the right to buy out the appellant's share, failing which that option was ...
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HH31-15 : ISAAC CHAMBA vs MAYBE NGWARATI
Ruled By: CHITAKUNYE J

As regards the issue of Chamunorwa, their mentally challenged child, the plaintiff's evidence was to the effect that that should not be used to deny him his dues as that child is now an adult, and, as a male adult, he can take care of him; the defendant would be ill-equipped to attend to ...
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HH35-15 : TENDAI PANGETI vs CHRISTINA NYAGUMBO
Ruled By: CHITAKUNYE J

The other issue tied to the immovable property pertains to the stage at which the immovable property should be sold following the grant of a decree of divorce.The plaintiff argued that the property should be sold immediately whilst the defendant contended that it should only be sold after the youngest of the children attains ...
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HH35-16 : SHINGISAI MARYLN NYAMUKUSA vs GILBERT KARENGA MASWERA
Ruled By: UCHENA J

The defendant's counter-claim The defendant counter claimed for the plaintiff's eviction from the Mandara property. In view of my finding that the plaintiff has no justifiable claim to the Mandara property, he could have easily justified her eviction. The issue of eviction is however not just between him and her but involves the welfare of their ...
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HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

The plaintiff also wishes to reside at the matrimonial home, No.6 Northwood Rise, Mt Pleasant Harare….,. Let me deal, first, with the belated offer made by the defendant in the closing written submissions. I find merit in that offer. The defendant, while accepting that the matrimonial home, No. 6 Northwood Rise, Mt Pleasant is jointly owned by the ...
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HH134-09 : PUWAYI CHIUTSI vs CLARA CHIUTSI
Ruled By: MUSAKWA J

In his pleadings, the plaintiff made no reference to the matrimonial home. In other words, he made no claim as regards how it should be awarded.On the other hand, the defendant...,. claimed that she be allowed to reside at the matrimonial home, Number 41 Ridgeway North, Highlands, Harare until the ...
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HH134-12 : EVANGELIST SANDE (nee NYAMANGUNDA) vs TAKAWIRA KIZITO SANDE
Ruled By: CHITAKUNYE J

The plaintiff argued that she should be awarded the immovable property because..., she will be the one staying with the children....,.After a careful analysis of the circumstances of the case, the manner in which the parties lived as a family for the twenty years, and the fact that there is ...
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HH39-08 : PUMULA DZVOVA vs LUKE DZVOVA
Ruled By: MAKARAU JP

The plaintiff and the defendant were married in Harare in February 1982. There are no children to the marriage.The parties have realized that they no longer have love and affection for each other and that their relationship has broken down and cannot be retrieved. They came to this joint conclusion ...
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