Nyoka v Kasambara (HC 1468 of 2006) [2008] ZWHHC 88 (9 October 2008)

Nyoka v Kasambara (HC 1468 of 2006) [2008] ZWHHC 88 (9 October 2008)

The Msasa Park property is matrimonial property as it was acquired during the marriage and is linked to the proceeds of the Ruwa property, to which the defendant contributed indirectly; a fair and equitable distribution is a 20% share to the defendant.

Citation
[2008] ZWHHC 88
Parties
Plaintiff: Isabela Nyoka; Defendant: Boysen Redson Kasambara
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 October 2008
Case Number
HC 1468 of 2006
Procedural Posture
Divorce / Final Judgment
Outcome
Decree of divorce granted; custody and access orders made; property division ordered.
Legal Topics
Divorce, Custody, Matrimonial Property, Property Division
Source Language
English
Family Law Divorce Custody Matrimonial Property Property Division

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Isabela Nyoka

Plaintiff

Boysen Redson Kasambara

Defendant

Procedural Posture

Divorce / Final Judgment

Legal Issues

  1. 1 Whether the Msasa Park property is matrimonial property
  2. 2 Whether the defendant is entitled to a share of the Msasa Park property

Ratio Decidendi

The Msasa Park property is matrimonial property as it was acquired during the marriage and is linked to the proceeds of the Ruwa property, to which the defendant contributed indirectly; a fair and equitable distribution is a 20% share to the defendant.

Court Disposition

Decree of divorce granted; custody and access orders made; property division ordered.

Orders

  • Decree of divorce granted
  • Custody of minor child awarded to plaintiff