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Harare High Court
Clloupas Makoni v Patience Mugoba Makoni (Nee Mazani)
HH 512-18
Case Details
Court
Harare High Court
Date
13 September 2018
Citation
HH 512-18
Neutral Citation
[2018] ZWHH 512
Outcome
unknown
Case Type
Trial
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Family LawMatrimonial Property Law
Keywords
divorceretrenchment packagematrimonial propertyproperty divisionmaintenance
Tags
divorcematrimonial propertyretrenchment packageproperty distribution
legislation
Statutes Cited
- Matrimonial Causes Act [Chapter 5:13]
- Matrimonial Causes Act [Chapter 5:13]
- Matrimonial Causes Act [Chapter 5:13]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the retrenchment package constitutes matrimonial property for sharing and distribution","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff received US$18,580.67 net retrenchment; money exhausted by December 2017; defendant unemployed throughout marriage"}
- {"issue_text":"What percentage should the defendant be paid from retrenchment package if it constitutes matrimonial property","issue_type":"law","dispositive":"yes","related_facts":"Defendant claimed 50% of net payment and car loan deduction"}
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background
Facts of the Case
Background
The parties married on 24 May 2002 and had two minor children. The plaintiff filed for divorce on 15 April 2016. They agreed on divorce, child custody, and most property division issues. The only outstanding issue was whether the plaintiff's retrenchment package from NSSA constituted matrimonial property subject to distribution. The plaintiff received a net retrenchment package of US$18,580.67 after deductions including a car loan repayment of US$47,533.00.
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