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Harare High Court
Evangelist Sande (nee Nyamangunda) v Takawira Kizito Sande
HH 134-2012
Case Details
Court
Harare High Court
Date
29 March 2012
Citation
HH 134-2012
Neutral Citation
[2012] ZWHH 134
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Family LawMatrimonial Property Law
Keywords
divorceirretrievable breakdownmatrimonial property divisionchild custodymaintenanceadultery
Tags
divorcematrimonial propertychild custodymaintenance
legislation
Statutes Cited
- Matrimonial Causes Act
- Matrimonial Causes Act
- Matrimonial Causes Act
- Marriages Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the marriage has irretrievably broken down","issue_type":"mixed","dispositive":"yes","related_facts":"6 years without conjugal rights, adultery, loss of love"}
- {"issue_text":"Whether defendant is entitled to share in immovable property","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in plaintiff's name, previous joint ownership of Ruwa stand"}
- {"issue_text":"What percentage share defendant should receive","issue_type":"mixed","dispositive":"yes","related_facts":"Contributions to family, conduct of parties"}
- {"issue_text":"Whether costs should be awarded against defendant","issue_type":"procedural","dispositive":"no","related_facts":"Defendant's conduct causing breakdown"}
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background
Facts of the Case
Background
The parties married in 1989 under customary law and solemnized their marriage in 1999 under the Marriages Act. They have two children. The plaintiff sought divorce alleging irretrievable breakdown due to defendant's verbal abuse, financial irresponsibility, loss of love, and adultery. The main dispute concerned the division of immovable property (Stand 458 Glen Norah A, Harare) registered in plaintiff's name but claimed by defendant as matrimonial property.
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