Angeline Mabuya (Nee Zezere) v Alexander Newline Mabuya

HH 543-18

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Case Details

Court

Harare High Court

Date

19 September 2018

Citation

HH 543-18

Neutral Citation

[2018] ZWHH 543

Outcome

unknown

Case Type

Trial

Bench

Presiding

Ndeewere J

Full Bench

Ndeewere J

Areas of Law

Family LawProperty Law

Keywords

Civil marriageMatrimonial propertyDirect contributionIndirect contributionTadiwanashe TrustDonation

Key Issues

{"issue_text":"Whether defendant is entitled to 50% share of stand 2292 Mabelreign Township","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff purchased property solely through employment loan; Defendant failed to prove contribution"}
{"issue_text":"Whether donation of property to Tadiwanashe Trust was lawful","issue_type":"law","dispositive":"yes","related_facts":"Property registered in plaintiff's sole name; Plaintiff donated half share to Trust"}
{"issue_text":"Whether defendant is entitled to Mercedes Benz C180","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle purchased and maintained solely by plaintiff; Defendant claimed entitlement"}

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Facts of the Case

Background

Parties married civilly in 2008 after customary union in 2006. Plaintiff sought divorce claiming irretrievable breakdown due to defendant's violence, adultery and irresponsibility. Defendant counterclaimed for 50% of stand 2292 Mabelreign Township and Mercedes Benz C180. Plaintiff had purchased property solely through her employment loan and donated half share to Tadiwanashe Trust. Defendant failed to prove any direct or indirect contribution to acquisition or improvement of disputed assets.

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