Manyora v Mutata (401 of 2023) [2023] ZWHHC 366 (5 July 2023)

Manyora v Mutata (401 of 2023) [2023] ZWHHC 366 (5 July 2023)

Plaintiff solely acquired Stand 11004 without any contribution from Defendant, who deserted her for 27 years and made no financial or material contribution. Defendant’s evidence was inconsistent and not credible. The Eastview Stand was not available for distribution as it was disposed of before proceedings and...

Source-derived case information.

Citation
[2023] ZWHHC 366
Parties
Plaintiff: Janet Manyora; Defendant: Yamurai Mutata
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
5 July 2023
Case Number
401 of 2023
Procedural Posture
Civil Trial – Divorce / Judgment After Full Trial
Outcome
Decree of divorce granted. Plaintiff awarded 100% of Stand 11004 and specified movables. Defendant awarded specified movables. Each party to bear own costs.
Legal Topics
Divorce, Distribution of Matrimonial Property
Source Language
english
Family Law Divorce Distribution of Matrimonial Property

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Parties

Janet Manyora

Plaintiff

Yamurai Mutata

Defendant

Procedural Posture

Civil Trial – Divorce / Judgment After Full Trial

Legal Issues

  1. 1 Whether Stand Number 11004 Kugarika Kushinga Housing Cooperative was solely acquired by Plaintiff and its just and equitable distribution
  2. 2 Whether Stand Number 25685 Eastview Phase 1, Harare, is part of the assets of the spouses and its distribution
  3. 3 Whether the rural homestead at Marewa Village, Mayema area of Uzumba Maramba Pfungwe District is part of the assets of the spouses and its distribution

Ratio Decidendi

Plaintiff solely acquired Stand 11004 without any contribution from Defendant, who deserted her for 27 years and made no financial or material contribution. Defendant’s evidence was inconsistent and not credible. The Eastview Stand was not available for distribution as it was disposed of before proceedings and Defendant made no contribution. The rural homestead was inherited and excluded from distribution under the Act.

Court Disposition

Decree of divorce granted. Plaintiff awarded 100% of Stand 11004 and specified movables. Defendant awarded specified movables. Each party to bear own costs.

Orders

  • A decree of divorce is granted.
  • Plaintiff awarded 100% share of Stand 11004 Kugarika Kushinga Housing Cooperative, New Mabvuku, Harare.