HH 234-18 BELIEVE RANGUNA versus MAZVITA ADIOLA RANGUNA (NEE MWAYERA)

BELIEVE RANGUNA

versus

MAZVITA ADIOLA RANGUNA (NEE MWAYERA)

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 20, 21, July 2017 and 10 May 2018

 

 

 

MATRIMONIAL TRIAL

 

L Uriri and P Makombe, for plaintiff

C Ndhlovu, for defendant

 

 

CHITAKUNYE J. The plaintiff married the defendant in terms of the Marriages Act [Chapter 5: 11] on 19 December 2014 at Marondera. The plaintiff is not in formal employment but claimed to be in the business of buying and selling anything saleable. The defendant on the other hand is a student at the University of Zimbabwe (UZ). Their marriage was soon on the rocks and on 16 July 2015 the plaintiff sued defendant for divorce and other ancillary relief. The parties had stayed together as husband and wife from 19 December 2014 to end of February 2015 when the defendant returned to the University as she was in residence. Before the semester was over the marriage was all but finished.

The circumstances of this case were aptly encapsulated by plaintiff’s counsel in these words:-

“The facts appear to have been drawn out of a Shakespearean tragedy. One could  easily refer to  “a pair of star crossed lovers”, who unlike Shakespeare’s Romeo and Juliet, do not appear to have been in love or appear to have married for the wrong reasons and never lived happily thereafter.”

This is typically a case of parties infatuated by what they perceived of the other  and before they knew of the substance each was made of rushed to marry in terms of the Marriages Act [Chapter 5:11]. From their own description, theirs was what one may term mahumbwe/children’s play despite their respective ages of 27 and 19 years at the time of marriage. As is the case with children’s play where one plays the husband and the other the wife, when called back by their parents or at the emergence of any misunderstanding each quickly goes back to their parent’s home after destroying home structures they would have 

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2018