Ephraim Kensington Chitofu v Guest Chitofu (nee Ngorima)

HH265/13

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Case Details

Court

Harare High Court

Date

5 September 2013

Citation

HH265/13

Neutral Citation

[2013] ZWHH 265

Outcome

unknown

Case Type

Trial

Bench

Presiding

UCHENA J

Full Bench

UCHENA J

Areas of Law

Family LawDivorceProperty Rights

Keywords

DivorceIrretrievable breakdownProperty divisionCustodyUsufructAncillary relief

Key Issues

{"issue_text":"Whether the defendant is entitled to a share of No 9 Norwich Avenue Eastlea","issue_type":"mixed","dispositive":"yes","related_facts":"Property was purchased during plaintiff's previous marriage, defendant made improvements, part of improvements were illegal"}
{"issue_text":"Whether the parties can co-exist at No 9 Norwich Avenue after the granting of the decree of divorce","issue_type":"mixed","dispositive":"yes","related_facts":"History of violence, defendant fears plaintiff's girlfriend, defendant sued girlfriend for adultery"}

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Facts of the Case

Background

The plaintiff and defendant married each other at Chipinge on 25 January 2002 under the Marriages Act, having initially contracted a customary union in 1990. The plaintiff seeks a decree of divorce on grounds of irretrievable breakdown of marriage. The parties have two minor children and one adult child, and disputes center on property division, particularly regarding No 9 Norwich Avenue Eastlea which was purchased during plaintiff's previous marriage.

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