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Harare High Court
Rose Sehliselo Sithole (nee Mpofu) v John Shadreck Mathongonyama Sithole
HH 83/05
Case Details
Court
Harare High Court
Date
28 September 2005
Citation
HH 83/05
Neutral Citation
[2005] ZWHH 83
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Family LawMatrimonial Property Law
Keywords
DivorceMatrimonial propertyProperty distributionDomestic violenceMarriage breakdown
Tags
DivorceMatrimonial property distributionDomestic violence
legislation
Statutes Cited
- Matrimonial Causes Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff is entitled to 50% share of Mabelreign immovable property","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's contributions through family businesses and household labor; defendant's sole benefit from other disposed properties"}
- {"issue_text":"Whether property should be valued at current market value or purported sale price","issue_type":"law","dispositive":"no","related_facts":"Defendant's purported sale to third party in 2002; existence of caveats on property"}
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background
Facts of the Case
Background
The parties married in 1969 and had 5 children. The marriage broke down due to defendant's physical and verbal violence, infidelity, and alcohol abuse. Plaintiff left matrimonial home in 1993. The sole issue for determination was distribution of immovable property being Stand 707 Mabelreign Township.
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