Patrick Mwanza v Deborah C Sefuka (2024/HPPF/D020) [2024] ZMHC 272 (25 March 2024)

C -J-1 IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY AND CHILDREN'S COURT DIVISION 2 024 / HPF / D020 (Divorce Jurisdiction) BETWEEN: PATRJCK MWANZA AND DEBORAH C SEFUKA RESPONDENT BEFORE HONOURABLE LADY JUSTICE M. CHANDA THIS 25TH DAY OF MARCH,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 MATRJMONIAL CAUSES RULES 1973 On 18th January, 2024 Patrick Mwanza 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 Deborah C. Sefuka. The petition was -J-2 premised on the ground that the petitioner and the respondent had lived apart for a continuous period of at least five years immediately preceding the presentation of the petition. That the petition showed that the petitioner was lawfully married to the respondent on 28 th June , 2001 at Bethel Kingdom Hall of Jehovah's Witnesses at Farm 23A, Makeni in the City and Province of Lusaka in the Republic of Zambia. The petitioner stated that they last lived together as husband and wife at House No. 258/ 10, Chawama in Lusaka and were both domiciled in Zambia. That the petitioner was a Businessman and a resident of House No. 258 / 10 Chawama in Lusaka whilst the respondent was a House wife and a resident of Faith Baptist Secondary School in Chongwe. That there were no children born during the subsistence of the . marriage. That there was no other child born to the respondent during the subsistence of the marriage so far as was known to the petitioner. That there had been no previous proceedings in any Court in Zambia or elsewhere with reference to any property of either or both of them. That there were no proceedings continuing in any Country outside Zambia in respect of the said marriage or which were capable of affecting its validity or subsistence. , ' ' -J-3 That there were no current or previous proceedings in any Court in Zambia or elsewhere concerning the matrimonial property. The petitioner implored the Court to dissolve their marriage on account that the parties had lived apart for at least five years since 8 th September, 2008. The petitioner further prayed for each party to bear their own costs. The respondent did not file any Answer to the petition but filed an acknowledgment of service on 26 th February, 2024 where she indicated that she had no intention of defending the matter and consented to the divorce being granted. On application by the petitioner the matter was entered on the special procedure list on 4 th March, 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 part of the respondent as it has been shown that she has not been dependant on her husband 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 shall bear -J-4 their own costs. I order accordingly. Dated at Lusaka this 25th day of March, 2024 .. .. .... ......... ..... ... ..... ... Mwamba Chanda Judge AMB1 ZAM a, Ge. ~1~ Q\ ,0, BOX