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Harare High Court
Tsitsi Sadomba v Wilbert Z Sadomba
HH 364-2012
Case Details
Court
Harare High Court
Date
27 September 2012
Citation
HH 364-2012
Neutral Citation
[2012] ZWHH 364
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Family LawMatrimonial Causes
Keywords
irretrievable breakdowndivision of matrimonial propertycustody of minor childspousal maintenancecustomary law union
Tags
divorcedivision of assetscustodymaintenancecustomary marriagechild abuse
legislation
Statutes Cited
- Matrimonial Causes Act
- Matrimonial Causes Act
- Marriage Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the marriage has irretrievably broken down","issue_type":"fact","dispositive":"yes","related_facts":"Separation for 5 years, abuse allegations, defendant's withdrawal of defence"}
- {"issue_text":"Division of matrimonial assets","issue_type":"mixed","dispositive":"yes","related_facts":"Two immovable properties, movable property, farm equipment"}
- {"issue_text":"Custody of minor child","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff in South Africa, child with plaintiff, defendant's access"}
- {"issue_text":"Maintenance of minor child","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's income, logistical problems, future claims"}
- {"issue_text":"Spousal maintenance","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's employment, no claim made"}
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background
Facts of the Case
Background
The parties were married under both customary and statutory law. The plaintiff sought divorce citing physical, emotional, and verbal abuse, as well as the defendant's son raping their child. The defendant withdrew his defence, and the matter proceeded as unopposed. The court granted the divorce and made orders regarding custody, division of property, and maintenance.
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