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Harare High Court
Nomuhle Sithole (nee Madongo) v Jonathan Simbarashe Sithole
HH 155-11
Case Details
Court
Harare High Court
Date
15 July 2011
Citation
HH 155-11
Neutral Citation
[2011] ZWHH 155
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Family lawMatrimonial causesProperty division
Keywords
Irretrievable breakdownMatrimonial propertyCustodyMaintenanceDivorce decree
Tags
DivorceMatrimonial property divisionChild custodyMaintenance
legislation
Statutes Cited
- Marriage Act
- Matrimonial Causes Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the marriage has irretrievably broken down","issue_type":"fact","dispositive":"yes","related_facts":"Parties separated, plaintiff issued divorce proceedings"}
- {"issue_text":"How should movable and immovable property be distributed","issue_type":"mixed","dispositive":"yes","related_facts":"Properties acquired during marriage, parties' contributions"}
- {"issue_text":"Which party should be granted custody of the minor child","issue_type":"fact","dispositive":"no","related_facts":"Child's age, parties' agreement"}
- {"issue_text":"What maintenance should be paid for the minor child","issue_type":"law","dispositive":"no","related_facts":"Child's needs, defendant's capacity"}
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background
Facts of the Case
Background
The parties married on 14 December 1991 and had two children. The marriage irretrievably broke down. Plaintiff sought divorce, property division, custody and maintenance. Most issues were agreed except distribution of Toyota Corolla vehicle and two immovable properties.
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