Morgen Dekete v Winnie Dekete (nee Farao)

HH 137-24

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Case Details

Court

Harare High Court

Date

27 March 2024

Citation

HH 137-24

Neutral Citation

[2024] ZWHH 137

Outcome

unknown

Case Type

Trial

Bench

Presiding

Wamambo J

Full Bench

Wamambo J

Areas of Law

Family LawProperty Law

Keywords

DivorceCustodyMaintenanceAccessMatrimonial propertyBest interests of the child

Key Issues

{"issue_text":"How often should the plaintiff have access to the minor children?","issue_type":"fact","dispositive":"yes","related_facts":"Children’s ages, residence with defendant, plaintiff’s employment in South Africa, defendant’s concerns for safety"}
{"issue_text":"Whether the plaintiff’s proposed payment of US$50 per child per month is adequate in light of his means of income?","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff’s income, defendant’s income, school fees, cost of living"}
{"issue_text":"In what proportion should the immovable property be shared between the parties?","issue_type":"mixed","dispositive":"yes","related_facts":"Financial contributions, duration of marriage, needs of parties, children’s welfare"}

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background

Facts of the Case

Background

The parties married in 2006 and had three children. After 12 years, the plaintiff filed for divorce, citing irretrievable breakdown of the marriage. The parties agreed on divorce, custody, and division of movable property, but disputed access to children, adequacy of maintenance, and division of immovable property. The court found the defendant more credible and awarded her primary custody and a larger share of the immovable property.

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