Chigunde v Chigunde (HC 4467 of 2013) [2015] ZWHHC 121 (18 February 2015)

Chigunde v Chigunde (HC 4467 of 2013) [2015] ZWHHC 121 (18 February 2015)

Given the 29-year marriage, both parties' direct and indirect contributions, and the need for fairness, an equal 50% share in the matrimonial home is just and equitable.

Citation
[2015] ZWHHC 121
Parties
Plaintiff: Gladys Chigunde (nee Mautsi); Defendant: David Chigunde
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 February 2015
Case Number
HC 4467 of 2013
Procedural Posture
Divorce Action / Judgment
Outcome
Decree of divorce granted; equal division of matrimonial home and specified land; detailed orders for valuation and buy-out process; each party to bear own costs.
Legal Topics
Divorce, Matrimonial Property Distribution
Source Language
English
Family Law Divorce Matrimonial Property Distribution

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Parties

Gladys Chigunde (nee Mautsi)

Plaintiff

David Chigunde

Defendant

Procedural Posture

Divorce Action / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 What is a fair and equitable distribution of the matrimonial home

Ratio Decidendi

Given the 29-year marriage, both parties' direct and indirect contributions, and the need for fairness, an equal 50% share in the matrimonial home is just and equitable.

Court Disposition

Decree of divorce granted; equal division of matrimonial home and specified land; detailed orders for valuation and buy-out process; each party to bear own costs.

Orders

  • A decree of divorce is granted.
  • Plaintiff awarded 50% share in Stand Number 24273 Ruwa Township of York Estates.