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Harare High Court
Hope Magumuye Shiriyapenga (nee Sithole) v Obert Shiriyapenga
HH 503-23
Case Details
Court
Harare High Court
Date
6 September 2023
Citation
HH 503-23
Neutral Citation
[2023] ZWHH 503
Outcome
unknown
Case Type
Trial
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Family LawMatrimonial Property Law
Keywords
divorcematrimonial propertyasset distributionmarriage breakdownHebo HardwareManyuchi Resort
Tags
divorcematrimonial property distributionancillary relief
legislation
Statutes Cited
- Matrimonial Causes Act
- Matrimonial Causes Act
- Constitution of Zimbabwe
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff entitled to 50% share in Hebo Hardware (Private) Limited","issue_type":"mixed","dispositive":"yes","related_facts":"Company registered during marriage, both parties shareholders, plaintiff supervised construction and management"}
- {"issue_text":"Whether plaintiff entitled to 30% share in Manyuchi Holiday Resort (Private) Limited","issue_type":"mixed","dispositive":"yes","related_facts":"Company registered during marriage, plaintiff 30% shareholder, defendant 70% shareholder, plaintiff contributed to construction"}
- {"issue_text":"Distribution of urban properties in Bulawayo and Victoria Falls","issue_type":"mixed","dispositive":"yes","related_facts":"Bulawayo property in defendant's name, Victoria Falls property in plaintiff's name, both properties have title deeds"}
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background
Facts of the Case
Background
The parties, married since 1978, consented to divorce. The main dispute was distribution of matrimonial assets including two companies (Hebo Hardware and Manyuchi Resort), urban properties in Bulawayo and Victoria Falls, and various movable assets. Plaintiff sought 50% share in companies and both urban properties; defendant offered 12% share in businesses and proposed each party retain property in their name.
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