PIWAI MAWIRE

versus

REBECCA MAWIRE (NEE CHAKUVAMBA)

HIGH COURT OF ZIMBABWE

MANZUNZU J

HARARE, 13 June 2018 & 20 June 2018

Civil Continuous Roll

Z.R Kajokoto, for the plaintiff

Defendant in person

            MANZUNZU J: The plaintiff sued the defendant for divorce and other ancillary relief. During the course of the pleadings and at the pre-trial conference the parties agreed that the marriage had irretrievably broken down. They also agreed on custody , maintenance, access and division of movable assets.

            The matter was referred to trial only on one issue which is two pronged. The issue is whether house No. 2772 Aerodrome, Bindura forms part of the matrimonial asset? If so what is the equitable distribution thereof. The position by the plaintiff is that the immovable property does not form part of the matrimonial property. The defendant maintains it does.

            The defendant said that in the event that the property is declared part of the matrimonial assets she will claim 50% as her share. This proposed equitable distribution has not been disputed by the plaintiff.

            This leaves the court with only one leg of the issue to deal with. The question is, is stand 2772 Aerodrome, Bindura part of the parties’s matrimonial property?

            Before, I deal with the evidence of the parties relevant to the dispute I will hereunder state out matters of common cause. The parties’ marriage was contracted on 26 August 1995. Stand 2772 was acquired by the plaintiff in May 1994 before the parties married. The plaintiff paid lobola for the defendant on 18 December 1994. The two’s love affair had started in 1993 when defendant