HH 237-18 HELLIATE JEKE versus WITNESS ZEMBE

HELLIATE JEKE

versus

WITNESS ZEMBE

 

 

HIGH COURT OF ZIMBABWE

CHIRAWU-MUGOMBA J

HARARE, 5 May 2018

 

 

 

Unopposed Application-Family Court

 

M.B Lunga, for the applicant

 

CHIRAWU-MUGOMBA J: Lawyers must exercise due diligence when representing clients and this includes ensuring that they file proper pleadings and that they seek appropriate relief. On the 15 of December 2017, the plaintiff issued summons against the defendant claiming an order for the dissolution of a customary law union; an order for sharing of property in terms of the declaration; an order for eviction and cost (sic) of suit. The plaintiff prayed for the following:

  1. An order for dissolution of the marriage.
  2. An order for custody.
  3. An order for maintenance
  4. An order for sharing of properties
  5. An order for eviction
  6. An order that each party bears its own costs.

The declaration averred that the plaintiff and the defendant were married in terms of an unregistered customary law union which had soured and that there were no prospects for restoration and cited the reasons which include infidelity; violence; loss of love and affection; separation and that married life had become untenable. The plaintiff averred that it would be in the best interest (sic) for the minor children if custody is awarded to the plaintiff with the defendant being granted reasonable access and that the defendant also pays maintenance in 

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2018