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Harare High Court

Grace Ndabambi v Chitepo Kasinaubare

HH 576-25

Case Details

Court
Harare High Court
Date
29 September 2025
Citation
HH 576-25
Neutral Citation
[2025] ZWHH 576
Outcome
unknown
Case Type
Trial

Bench

Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Family lawProperty lawCustomary law
Keywords
Unregistered customary marriageMatrimonial propertyAsset distributionChild maintenanceDivorce
Tags
Customary marriageProperty distributionDivorceMaintenance
legislation
Statutes Cited
  • Matrimonial Causes Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the unregistered customary law union still exists to invalidate the action","issue_type":"procedural","dispositive":"no","related_facts":"Parties living separately within same house, family meeting held, no customary divorce procedures followed"}
  • {"issue_text":"Whether Stand 6569 Nkwisi Gardens forms part of matrimonial assets despite being registered in company name","issue_type":"mixed","dispositive":"yes","related_facts":"Company owned 80% by defendant, 20% by plaintiff, property acquired during marriage"}
  • {"issue_text":"What constitutes equitable distribution of matrimonial assets between parties","issue_type":"mixed","dispositive":"yes","related_facts":"Three properties acquired, different registration patterns, disputed contributions"}
  • {"issue_text":"What quantum of maintenance is payable for minor child","issue_type":"mixed","dispositive":"yes","related_facts":"Child born 2010, plaintiff claims US$150, defendant offers US$50, both have income"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The parties entered into an unregistered customary law union in 1998 and acquired three immovable properties during their 26-year marriage. The marriage broke down, and the plaintiff sought divorce, property distribution, and child maintenance. The main disputes centered on whether their customary union was still extant, property distribution ratios, and maintenance quantum for their minor child.
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