Lydia Mauro (nee Nyambo) v Regis Mauro

HH 365-13

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Case Details

Court

Harare High Court

Date

17 October 2013

Citation

HH 365-13

Neutral Citation

[2013] ZWHH 365

Outcome

unknown

Case Type

Trial

Bench

Presiding

Uchena J

Areas of Law

Family LawDivorce Law

Keywords

Irretrievable breakdownProperty subdivisionMatrimonial homeAncillary relief

Key Issues

{"issue_text":"Whether defendant can resile from his own alternative property distribution proposal after plaintiff's acceptance","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant offered subdivision alternative in amended plea; plaintiff accepted during trial; defendant sought to withdraw without formal application"}

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Facts of the Case

Background

The parties, married under the Marriages Act, agreed their marriage had irretrievably broken down. They disputed only the distribution of immovable properties: the matrimonial home at Stand 293 Vainona Township and Stand 3505 Dhonza Close Budiriro 2, plus a generator. The plaintiff initially wanted sale and equal sharing when the youngest child reached majority, but accepted the defendant's alternative proposal for subdivision of the Vainona property during trial. The defendant then sought to resile from his own alternative proposal.

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