HH 408-18 PEDZISAI MIRIAM LILLIETHY GARWE versus DANIEL GARWE

PEDZISAI MIRIAM LILLIETHY GARWE

versus

DANIEL GARWE

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 5, 6, 9 & 11 July 2018

 

 

 

Urgent Chamber Application

 

F Mahere, for the applicant

L Madhuku, for the respondent.

 

 

            CHITAKUNYE J. The applicant approached this court on a certificate of urgency seeking leave to execute an order granted by this court in HC 4882/18 pending appeal.

            The applicant and respondent are wife and husband. Their marriage is on the rocks hence an action for divorce is pending in this court. During the subsistence of their marriage the parties conducted family businesses through and held family assets in family companies and family trust; namely, Planet Building Contractors (Pvt) Ltd; Hastream Enterprises (Pvt) Ltd; Macheke Motors (Pvt) Ltd t/a Sebakwe Range Farm.; Kudakawashe and Tafadzwa Garwe Family Trust.

            In the divorce action the issue of what constitutes assets of the spouses is contentious.

On the 15th June 2018, the applicant obtained a court order under case no. HC 4882/18 against the respondent. That order, inter alia,

1.      Interdicted the Respondent from taking, removing and or in any way disposing of any of the assets held under the family companies and family Trust; and

Ordered Respondent to return forthwith all the assets he removed from Subdivision D of Rhodesdale, Sebakwe of  Subdivision A of Rhodesdale and Remainder of Xmas of Subdivision A of Rhodesdale also known as Sebakwe Range Farm and Planet 

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2018