Nando v Masimirembwa (HC 2639 of 2016; HH 154 of 2017) [2017] ZWHHC 154 (23 February 2017)

Nando v Masimirembwa (HC 2639 of 2016; HH 154 of 2017) [2017] ZWHHC 154 (23 February 2017)

The application is dismissed because there are material disputes of fact regarding maintenance and proprietary rights, the parties are not ad idem, and the terms of the Deed of Settlement are not capable of enforcement without further evidence and litigation.

Citation
[2017] ZWHHC 154
Parties
Applicant: Farisai Nando; Respondent: Godwills Masimirembwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 February 2017
Case Number
HC 2639 of 2016 ; HH 154 of 2017
Procedural Posture
Opposed Application / Judgment on Application for Registration of Deed of Settlement as Court Order
Outcome
Application dismissed with costs
Legal Topics
Specific Performance, Customary Union, Maintenance, Deed of Settlement, Impossibility of Performance
Source Language
English
Family Law Contract Law Specific Performance Customary Union Maintenance Deed of Settlement Impossibility of Performance

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Parties

Farisai Nando

Applicant

Godwills Masimirembwa

Respondent

Procedural Posture

Opposed Application / Judgment on Application for Registration of Deed of Settlement as Court Order

Legal Issues

  1. 1 Whether the Deed of Settlement between the parties is capable of being incorporated as an order of the court
  2. 2 Whether there is a meeting of minds (consensus ad idem) between the parties on the terms of the Deed of Settlement
  3. 3 Whether the terms of the Deed of Settlement are capable of enforcement without further litigation

Ratio Decidendi

The application is dismissed because there are material disputes of fact regarding maintenance and proprietary rights, the parties are not ad idem, and the terms of the Deed of Settlement are not capable of enforcement without further evidence and litigation.

Court Disposition

Application dismissed with costs

Orders

  • The application for registration of the Deed of Settlement as an order of the court is dismissed with costs.