Moreblessings Makosa and Patrick Makosa

HH 62/2010

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Case Details

Court

Harare High Court

Date

13 May 2010

Citation

HH 62/2010

Neutral Citation

[2010] ZWHH 62

Outcome

unknown

Case Type

Trial

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Family LawMatrimonial Causes

Keywords

irretrievable breakdowndesertioncustodymatrimonial property division

Key Issues

{"issue_text":"Whether to grant default judgment due to plaintiff's failure to attend trial","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff failed to attend trial despite notice"}
{"issue_text":"Whether marriage has irretrievably broken down","issue_type":"factual","dispositive":"no","related_facts":"Parties separated since 2001, no love and affection"}
{"issue_text":"Who should have custody of minor child","issue_type":"factual","dispositive":"no","related_facts":"Defendant has had custody since 2001, plaintiff lives in Canada"}
{"issue_text":"How matrimonial property should be divided","issue_type":"factual","dispositive":"no","related_facts":"Property includes vehicle, household goods, immovable property"}

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background

Facts of the Case

Background

The parties married on 23 April 1994 and had three children. The plaintiff left Zimbabwe in 2001 and the parties have not lived together since. In December 2008, plaintiff sued for divorce, division of property and custody. Defendant counterclaimed for the same relief. Plaintiff failed to attend pre-trial conference and trial despite notice.

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