SC 41-18 MARIAN CHOMBO v IGNATIOUS CHOMBO

MARIAN     CHOMBO

v

IGNATIOUS     CHOMBO

 

 

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

 

2018

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