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Harare High Court

Moses Magaya v Mary Magaya

HH 388-17

Case Details

Court
Harare High Court
Date
12 June 2017
Citation
HH 388-17
Neutral Citation
[2017] ZWHH 388
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Family LawProperty LawCivil Procedure
Keywords
divorce ordermatrimonial assetsproperty valuationsale of propertyenforcement
Tags
divorcematrimonial propertyproperty divisionenforcement
legislation
Statutes Cited
  • None – no statute is quoted or interpreted.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant complied with the divorce order requirements for sale of the matrimonial property","issue_type":"procedural","dispositive":"yes","related_facts":"Appointment of valuer, service of valuation report, appointment of estate agent"}
  • {"issue_text":"Whether the respondent's opposition to the sale was justified","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's non-cooperation, failure to buy out within 18 months"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The parties were divorced on 7 March 2013 with a 50/50 share in a matrimonial property. The respondent remained in occupation since 2013 while the applicant sought enforcement of the sale terms. The applicant had complied with court procedures for appointing a valuer and estate agent, but the respondent resisted cooperation throughout the process.
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