HH 194-18 CHIEDZA MAPHOSA (NEE MAWERE) versus LIPANI DOUBT MAPHOSA

CHIEDZA MAPHOSA (NEE MAWERE)

versus

LIPANI DOUBT MAPHOSA

 

 

IN THE HIGH COURT OF ZIMBABWE

MWAYERA J

HARARE, 16 November 2017 and 29 March 2018

 

 

Civil Trial

C. Nyengedza, for the plaintiff

TR Mugabe, for the defendant

 

 

            MWAYERA J: The plaintiff instituted divorce and ancillary relief proceedings. The defendant defended the matter and filed pleadings thereto. The parties failed to settle and their positions remained contested beyond Pre-Trial conference stage. In an attempt to narrow down triable issues the parties with the help of their legal practitioners and the trial judge attended a pre-trial case management conference. This conference came up with an agreement resolving some of the issues and an agreement on issues to be determined at trial.

            The parties agreed that their marriage had irretrievably broken down and that love and affection between the parties had been lost. The parties further agreed on how to share their moveable assets. Further the parties agreed to share in equal shares proceeds from the sale of their jointly owned matrimonial home in Richmond Bulawayo. The parties agreed that the defendant would exercise the first right to buy out the plaintiff, within a period of 6 months from the date of the order.

            The pre-trial case management came up with common issues for trial as follows;

  1. Whether the defendant should pay the plaintiff the amount of $29 000 or any amount at all being the plaintiff’s share of proceeds from sale of a Kwekwe property: being stand 1324 QueQue Township of stand 277A QueQue Township.
  2. Who should be the custodian parent and what access rights the none custodian parent was to be awarded:
  3. What quantum of maintenance would be appropriate for each of the two minor children.

 

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2018