Smart Mhondiwa v Dorothy Mhondiwa (Nee Mudadi)

HH 31-17

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Case Details

Court

Harare High Court

Date

26 January 2017

Citation

HH 31-17

Neutral Citation

[2017] ZWHH 31

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Family LawMatrimonial Property Law

Keywords

DivorceMatrimonial propertyCustomary law unionMarriage ActMatrimonial Causes Act

Key Issues

{"issue_text":"What constitutes equitable distribution of immovable property between spouses?","issue_type":"mixed","dispositive":"yes","related_facts":"Property acquired before marriage; 35-year marriage duration; improvements during marriage"}
{"issue_text":"Which party should have first option to buy out the other's share?","issue_type":"mixed","dispositive":"yes","related_facts":"Neither party has ready finances; defendant resident at property; plaintiff settled elsewhere"}

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background

Facts of the Case

Background

Parties married under customary law in 1978, solemnised under Marriage Act in 1990. After 22 years separation, plaintiff sought divorce and property division. Immovable property acquired by plaintiff in 1977 before marriage was main dispute.

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