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Harare High Court
Landinah Mufunani (nee Shumba) v Farisi Mufunani
HH 32-16
Case Details
Court
Harare High Court
Date
21 January 2016
Citation
HH 32-16
Neutral Citation
[2016] ZWHH 32
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Family LawMatrimonial Causes
Keywords
DivorceIrretrievable breakdownMatrimonial propertyEqual distribution
Tags
DivorceMatrimonial property distributionIrretrievable breakdown
legislation
Statutes Cited
- European Convention on Human Rights 1950
- Human Rights Act 1998
- Prison Act 1952
- Criminal Justice Act 2003
- Constitutional Reform Act 2005
- Life Sentences (Northern Ireland) Order 2001
- Mental Health Act 1983
- Crime (Sentences) Act 1997
- Criminal Justice and Court Services Act 2000
- Criminal Justice (Northern Ireland) Order 2008
- Criminal Appeal Act 1968
- Criminal Appeal (Northern Ireland) Act 1980
- Criminal Justice and Immigration Act 2008
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Offender Rehabilitation Act 2014
- Criminal Justice and Courts Act 2015
- Sentencing Act 2020
- Police, Crime, Sentencing and Courts Act 2022
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a decree of divorce should be granted on grounds of irretrievable breakdown","issue_type":"mixed","dispositive":"yes","related_facts":"Parties separated since 2003, no conjugal relations since 1979, lost love and affection"}
- {"issue_text":"Whether plaintiff is entitled to a half share in the matrimonial home","issue_type":"mixed","dispositive":"yes","related_facts":"Property acquired during marriage, plaintiff made indirect contributions, marriage lasted 4 decades"}
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background
Facts of the Case
Background
The parties married on 25 March 1972 under the Marriages Act. They have five adult children. They separated in 2003 and have been living apart. The plaintiff sued for divorce on grounds of irretrievable breakdown and sought equal distribution of their only immovable property. The defendant initially admitted breakdown but later opposed divorce and claimed sole ownership of the property.
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