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Harare High Court
Bekitemba Lenkoski Dube v Lizzy Dube nee Soko
HH 176-11
Case Details
Court
Harare High Court
Date
24 July 2011
Citation
HH 176-11
Neutral Citation
[2011] ZWHH 176
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Family LawDivorce Law
Keywords
Irretrievable breakdownChild custodyBest interests of childPost-divorce maintenanceMatrimonial property division
Tags
DivorceCustodyMaintenanceMatrimonial Property
legislation
Statutes Cited
- Matrimonial Causes Act
- Matrimonial Causes Act
- Marriage Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the marriage has irretrievably broken down","issue_type":"fact","dispositive":"yes","related_facts":"Parties not sharing conjugal rights for 1.5 years, no love and affection"}
- {"issue_text":"Which parent should be awarded custody of the two minor children","issue_type":"mixed","dispositive":"yes","related_facts":"Ages and sex of children, parental income, accommodation"}
- {"issue_text":"What access rights should be exercised by non-custodian parent","issue_type":"law","dispositive":"no","related_facts":"Need to maintain bond between children and both parents"}
- {"issue_text":"Whether defendant is entitled to post-divorce maintenance","issue_type":"law","dispositive":"no","related_facts":"Defendant employed earning US$100, plaintiff unemployed"}
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background
Facts of the Case
Background
The parties married on 19 July 1996 and have two female children. The plaintiff sought divorce on grounds of irretrievable breakdown, custody of children, and property sharing. The defendant counterclaimed for custody, maintenance, and post-divorce maintenance. Both parties agreed the marriage had irretrievably broken down.
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