Collins Zulu v Mercy Chansa (2024/HPF/D285) [2024] ZMHC 267 (13 May 2024)

-J-1 IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY & CHILDREN'S COURT DIVISION (Divorce Jurisdiction) BETWEEN: COLLINS ZULU AND MERCY CHANSA r- A .. n· I 1 3 MAY :::4 2024 / HPF / D285 I PETITIONER RESPONDENT BEFORE HONOURABLE LADY JUSTICE MWAMBA CHANDA THIS 13TH DAY OF MAY, 2024 APPEARANCES: For the Petitioner In person For the Respondent In person JUDGMENT LEGISLATION REFERRED TO: 1. THE MATRIMONIAL CAUSES ACT NO. 20 OF 2007 OF THE LAWS OF ZAMBIA 2. THE MATRIMONIAL CAUSES RULES 1973 On 30th April, 2024 Collins Zulu the petitioner herein filed a divorce petition pursuant to Section 8 and .9 (1) (e) of the Matrimonial Causes Act No. 20 of 2007 of the Laws of Zambia against the respondent Mercy Chansa. The petition was premised on th e ground -J-2 that the parties had lived apart for a continuous period of at least five years immediately preceding the presentation of the petition. The petition showed that the parties were lawfully married on 14th August, 2004 at Praise Christian Centre, UNZA Chapel in the City and Province Lusaka in the Republic of Zambia. The petitioner stated that they last lived together as husband and wife Plot No. 23 Katope Street, Chelston in Lusaka and were both domiciled in Zambia. That there were no children born during the subsistence of marriage. That there were no previous proceedings in any Court in Zambia with reference to the said marriage between the petitioner and the respondent. That were no proceedings continued in any Court outside Zambia which were in respect of the said marriage or were capable of affecting its validity. The petitioner implored the Court to dissolve their marriage as the parties herein had lived apart for a continuous period of at least five years since August, 2008. The petitioner further prayed for each party to bear their own costs. The respondent did not file an Answer to the petition but signed a consent to have the divorce granted. l , -J-3 On application by the petitioner, the matter was entered on the special procedure list on 3 rd May, 2024 pursuant to Rule 33(3) (ii) of the Matrimonial Causes Rules 1973. Upon considering the petition herein, the Court is satisfied that the marriage between the petitioner and respondent has broken down irretrievably. This is on the ground that the parties herein have lived apart for a continuous period of at least five (5) years immediately preceding the presentation of this petition. I am also satisfied that the dissolution of this marriage will not result in any financial or other hardship on the respondent as it has been shown that she has not been dependant on the petitioner during the period of their separation. In view of the foregoing the petitioner is hereby granted a decree nisi which shall become absolute after the prescribed statutory period of six ( 6) weeks. Each party to bear their own costs. I order accordingly. Dated at Lusaka this 13th day of May, 2024 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mwamba Chanda JUDGE .o. &O