Marilyn Chihota (nee Mosha) v Kurauwone Ndakashaya Francis Chihota

HH 148-24

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Case Details

Court

Harare High Court

Date

9 April 2024

Citation

HH 148-24

Neutral Citation

[2024] ZWHH 148

Outcome

unknown

Case Type

Trial

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Family LawMatrimonial Property Law

Keywords

divorceproperty divisionante-nuptial contractaccrual systemdirect contributionsindirect contributionsshort marriage

Key Issues

{"issue_text":"Whether plaintiff is entitled to 50% share of the matrimonial home","issue_type":"mixed","dispositive":"yes","related_facts":"Property purchased entirely by defendant; plaintiff's minimal contributions; short marriage duration; ante-nuptial contract"}
{"issue_text":"Whether the ante-nuptial contract prevents property sharing","issue_type":"law","dispositive":"no","related_facts":"Contract excluded community of property but included accrual system"}
{"issue_text":"What constitutes fair and equitable property division considering direct and indirect contributions","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's supervisory and minimal financial contributions; defendant's sole financial contribution; marriage duration"}

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background

Facts of the Case

Background

The parties married in November 2017 in South Africa under an ante-nuptial contract excluding community of property but including the accrual system. They separated in September 2021 after nearly four years of marriage. The plaintiff claimed 50% share of the matrimonial home (316 Ard Na Lee Close, Glen Lorne, Harare) purchased entirely by the defendant using an employer loan. The property was registered solely in the defendant's name. The plaintiff contributed minimally to renovations and household expenses while the defendant paid the full purchase price and major renovation costs.

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