Margaret Chikoto v Elisha Madanha

HH 175-17

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Case Details

Court

Harare High Court

Date

23 March 2017

Citation

HH 175-17

Neutral Citation

[2017] ZWHH 175

Outcome

unknown

Case Type

Trial

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Family LawMatrimonial Causes

Keywords

DivorceAsset distributionMatrimonial propertySection 7 Matrimonial Causes Act

Key Issues

{"issue_text":"Whether plaintiff should be awarded Stand number 6578 Dzivarasekwa extension phase 2","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's significant contribution to acquisition and development"}
{"issue_text":"Whether plaintiff should be awarded the stand in Ruwa","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in plaintiff's name"}
{"issue_text":"Distribution of communal home at Ully Farm","issue_type":"mixed","dispositive":"yes","related_facts":"Property located in defendant's home area"}
{"issue_text":"Distribution of cattle herd","issue_type":"fact","dispositive":"no","related_facts":"Dispute over number of cattle"}

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background

Facts of the Case

Background

The parties married in 1992 under customary law, solemnised in 1995 under Marriage Act. Plaintiff sued for divorce in 2013 alleging irretrievable breakdown due to abuse. Parties agreed marriage had broken down but disputed asset distribution. Three immovable properties and cattle were contested.

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