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Division of Assets of the Spouses re: Encumbered Property and Rights in Contracts

HH134-09 : PUWAYI CHIUTSI vs CLARA CHIUTSI
Ruled By: MUSAKWA J

The plaintiff also testified that when he was employed by the Public Service he was allocated a three bed roomed flat, described as Number 91 Block 7, Francis Flats, Belvedere. At some stage, he contributed towards a housing scheme run by the then Ministry of Local Government and National Housing ...
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HH74-10 : CHARLES MAKANI vs GERTRUDE MAKANI (NEE ZIMONDI)
Ruled By: GUVAVA J

The plaintiff also stated that the Prado was a company vehicle although he had been offered an option to purchase it for the sum of US$35,000.He stated that the defendant could exercise his option to purchase the Prado if she wanted it.
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HH156-09 : FREDDY CHINYAVANHU vs LETWIN CHINYAVANHU
Ruled By: GUVAVA J

The plaintiff and the defendant are husband and wife. They married each other on 8 January 1993 in terms of the Marriage Act [Chapter 5:11]. The marriage was blessed with three children, Frank (born 6 March 1993), Margret (born 23 September 1997), and Emmanuel (born 24 June 2005). During the ...
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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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HH49-10 : HENRY NYOKA vs JENNIFER MUREZA
Ruled By: MAVANGIRA J

The plaintiff issued summons for the ejectment of the defendant from House No.14 Msasa Park Drive, Msasa Park, Harare. The basis of the plaintiff's claim is that he is the sole owner of the immovable property.He avers that upon the termination of an unregistered union between him and the defendant, ...
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

As regards the movables, the documentary evidence before the court shows that the Nissan Sunny vehicle was acquired by the defendant through a loan from her employer. It would not constitute her property until the loan was discharged. It is therefore not subject to distribution.
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HH181-14 : SHEILA CHINYAMAKOBVU vs EMMANUEL CHINYAMAKOBVU
Ruled By: MAWADZE J

The respondent states that the applicant was claiming a 50% share of the value of the immovable property in Germany when she knows the respondent is still paying a mortgage for it of 190,000= Euros. The respondent submitted that he offered the applicant only one immovable property because it is the only one un-encumbered.
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HH546-15 : ANNIE MADZARA vs STANBIC BANK ZIMBABWE LTD and CLEVER MADZARA and THE SHERIFF OF ZIMBABWE and THE REGISTRAR OF DEEDS and THE ATTORNEY GENERAL OF ZIMBABWE
Ruled By: TSANGA J

This is an opposed application in which the applicant seeks a declaratur which essentially addresses the tensions between matrimonial property, real rights and personal rights. What is sought is an order that a spouse should be able to veto an encumbrance of the matrimonial home and that they have a right to be consulted. As the applicant ...
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Appealed
SC41-18 : MARIAN CHOMBO vs IGNATIOUS CHOMBO
Ruled By: MALABA CJ, HLATSHWAYO JA and UCHENA JA

This is an appeal against the decision of the High Court dated 2 July 2014 granting the respondent's claim to the farm he is leasing from the State. The appellant was the respondent's wife. Their marriage was solemnized on 21 May 1993 in terms of the Marriages Act [Chapter 5:11]. Due to differences, which the respondent considered to ...
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HH18-06 : MASIYIWA CLEOPHAS GONYE vs STELLA MARIS GONYE (NEE MUCHENJE)
Ruled By: UCHENA J

Acquisition of Wonder Valley Farm by Government At the end of these proceedings counsels for both parties undertook to advise the court on whether or not the farm was being acquired by Government. They have not written to the court as they had promised to do. They could have easily verified this fact by making inquiries with the ...
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HH336-14 : IGNATIUS CHOMBO vs MARIAN CHOMBO (NEE MHLOYI)
Ruled By: MANGOTA J

The parties in this matter were husband and wife. They obtained a decree of divorce. The decree was granted in terms of a consent order which is dated 31 August 2012. A reading of the consent order shows that all matters which relate to the parties' matrimonial property were resolved and settled except one. The remaining matter pertains to ...
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Appealed
HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

The only immovable asset the parties have agreed is owned by the parties is No.6 Northwood Rise, Mt Pleasant, Harare, the matrimonial home registered in their joining names. The only problem is that the property is encumbered as it was used to secure a loan from Kingdom Bank, which loan is outstanding….,. Sandra Dombo Zhuwawo is a ...
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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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