More-Precious Ncube (nee Mafu) v Stenslous Ncube

HB 61/22

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Case Details

Court

Bulawayo High Court

Date

10 March 2022

Citation

HB 61/22

Neutral Citation

[2022] ZWHB 61

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Family LawCivil Procedure

Keywords

contribution towards legal costsmatrimonial proceedingsdual pricingZimbabwe dollarforeign currency

Key Issues

{"issue_text":"Whether a claim for contribution towards legal costs can be made in foreign currency under Zimbabwean law","issue_type":"law","dispositive":"no","related_facts":"Draft order claimed US$16,000; respondent argued foreign currency claims illegal"}
{"issue_text":"Whether applicant has established inability to pay legal costs without contribution from respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant has multiple income sources; runs business; receives various allowances"}
{"issue_text":"Whether respondent has means to contribute towards applicant's legal costs","issue_type":"fact","dispositive":"yes","related_facts":"Respondent did not dispute his financial capacity"}

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background

Facts of the Case

Background

The applicant sought an order compelling her estranged husband to contribute US$16,000 towards her legal costs in pending divorce proceedings. The parties were married in 2012 and divorce proceedings commenced in 2020. The respondent opposed the application on grounds including that the claim in foreign currency was illegal and that the applicant had adequate financial means.

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