SUPREME COURT OF ZIMBABWE
MALABA CJ, HLATSHWAYO JA & UCHENA JA
HARARE, OCTOBER 12, 2017 & JULY 06, 2018
Ms B. Mtetwa, for the appellant
T. Mpofu, for the respondents
UCHENA JA: This is an appeal against the decision of the High Court dated 2 July 2014 granting the respondent’s claim to the farm he is leasing from the State.
The appellant was the respondent’s wife. Their marriage was solemnized on
21 May 1993 in terms of the Marriages Act [Chapter 5:11]. Due to differences, which the respondent considered to have led to the irretrievable break down, of the marriage he in September 2009 issued summons in the High Court against the appellant claiming a decree of divorce and ancillary relief. The respondent alleged that the marital relationship between him and the appellant had irretrievably broken down to such an extent that there were no prospects of the restoration of a normal marriage relationship. The appellant initially entered an appearance to defend arguing that there were prospects of a restoration of a normal marriage