Mapfumo v Mapfumo (HH 109 of 2003) [2003] ZWHHC 109 (22 July 2003)

Mapfumo v Mapfumo (HH 109 of 2003) [2003] ZWHHC 109 (22 July 2003)

The marriage had broken down irretrievably. Edith, having had de facto custody of the children, should retain custody with C. having access. Maintenance of $12,000 per child per month is reasonable given C.'s means. Edith is entitled to one-third of the value of the Matrimonial Home, reflecting her contributions, but not a half-share. Movable property is apportioned as specified. Each party bears their own costs.

Citation
[2003] ZWHHC 109
Parties
Plaintiff: Edith Mapfumo (nee Tepa); Defendant: Charles Boas Mapfumo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
22 July 2003
Case Number
HH 109 of 2003
Procedural Posture
Divorce / Final Judgment
Outcome
Decree of divorce granted; custody of children to plaintiff; maintenance ordered; division of property ordered; each party to bear own costs.
Legal Topics
Divorce, Custody of Children, Maintenance, Division of Matrimonial Property
Source Language
English
Family Law Divorce Custody of Children Maintenance Division of Matrimonial Property

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Parties

Edith Mapfumo (nee Tepa)

Plaintiff

Charles Boas Mapfumo

Defendant

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Custody of the minor children
  3. 3 Quantum of maintenance for children and spouse

Ratio Decidendi

The marriage had broken down irretrievably. Edith, having had de facto custody of the children, should retain custody with C. having access. Maintenance of $12,000 per child per month is reasonable given C.'s means. Edith is entitled to one-third of the value of the Matrimonial Home, reflecting her contributions, but not a half-share. Movable property is apportioned as specified. Each party bears their own costs.

Court Disposition

Decree of divorce granted; custody of children to plaintiff; maintenance ordered; division of property ordered; each party to bear own costs.

Orders

  • A decree of divorce is granted.
  • Custody of the minor children is granted to the plaintiff with the defendant having reasonable rights of access.