Miller v Kachepa (HP 1051 of 2014) [2015] ZMHC 121 (13 May 2015)

The applicant demonstrated a substantial contribution to the acquisition and development of jointly owned property and trucks during a stable cohabitation, justifying the imposition of a constructive trust and equal division of assets. The welfare of the children required granting sole custody to the applicant.

Citation: [2015] ZMHC 121
Parties: Applicant: Rita Miller; Respondent: Samson Kachepa
Court: High Court of Zambia
Jurisdiction: Zambia
Judgment Date: 13 May 2015
Case Number: HP 1051 of 2014
Procedural Posture: Civil / Judgment
Outcome: Application granted
Legal Topics: Constructive Trust, Cohabitation Property Rights, Child Custody, Child Maintenance, Equitable Remedies
Source Language: English

Family Law Equity and Trusts Constructive Trust Cohabitation Property Rights Child Custody Child Maintenance Equitable Remedies

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Parties

Rita Miller

Applicant

Samson Kachepa

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a constructive trust exists entitling the applicant to a share of property acquired during cohabitation
2 Whether the applicant is entitled to sole custody and maintenance of the children

Ratio Decidendi

Court Disposition

Application granted

Orders

Order for disposal of the properties at Shifwankula village in Chibombo and equal sharing of proceeds (50-50) between the parties
Order for disposal of trucks acquired during cohabitation and equal sharing of proceeds (50-50) between the parties