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Harare High Court
Samuel Sarudzai Kanoyangwa v Winifreder Kanoyangwa (Nee Charlie)
HH 23-2011
Case Details
Court
Harare High Court
Date
27 January 2011
Citation
HH 23-2011
Neutral Citation
[2011] ZWHH 23
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Family LawMatrimonial Property Law
Keywords
divorcematrimonial propertyjoint ownershipcontributionchild maintenancecustody
Tags
divorcematrimonial property divisionchild custodymaintenance
legislation
Statutes Cited
- Marriages Act
- Matrimonial Causes Act
- Matrimonial Causes Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant made any direct or indirect contributions to the acquisition of the matrimonial home and if entitled to 50% share","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in joint names; plaintiff paid entire purchase price; defendant made indirect contributions"}
- {"issue_text":"Which parent shall be custodian of minor child and access rights","issue_type":"fact","dispositive":"no","related_facts":"Parties agreed on custody to plaintiff with defendant having access"}
- {"issue_text":"Quantum of maintenance defendant should contribute","issue_type":"fact","dispositive":"no","related_facts":"Plaintiff claimed $100; defendant offered $30; defendant earns $80-120 monthly"}
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background
Facts of the Case
Background
The parties married on 23 December 2000 and acquired an immovable property in joint names in 2005. The plaintiff paid the entire purchase price from his retrenchment package. The marriage irretrievably broke down and the plaintiff sought divorce with a 75% share of the property, while the defendant claimed 50%.
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