Dube v Dube (Nee Ndebele) (HB 39 of 2008; HC 2203 of 2003) [2008] ZWBHC 40 (21 May 2008)

Dube v Dube (Nee Ndebele) (HB 39 of 2008; HC 2203 of 2003) [2008] ZWBHC 40 (21 May 2008)

Application for absolution from the instance is inappropriate where it does not terminate the case completely and where there is sufficient evidence on which a reasonable court might find for the plaintiff; business assets acquired during marriage may be considered matrimonial property.

Citation
[2008] ZWBHC 40
Parties
Plaintiff: Leonard Dube; Defendant: Maureen Dube (Nee Ndebele)
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
21 May 2008
Case Number
HB 39 of 2008 ; HC 2203 of 2003
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Defendant's Case
Outcome
application for absolution from the instance dismissed
Legal Topics
Divorce, Matrimonial Property, Absolution From the Instance, Distribution of Assets
Source Language
English
Family Law Divorce Matrimonial Property Absolution From the Instance Distribution of Assets

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Parties

Leonard Dube

Plaintiff

Maureen Dube (Nee Ndebele)

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance at Close of Defendant's Case

Legal Issues

  1. 1 Whether certain properties and motor vehicles are matrimonial property and how they should be distributed
  2. 2 Whether application for absolution from the instance is appropriate at this stage

Ratio Decidendi

Application for absolution from the instance is inappropriate where it does not terminate the case completely and where there is sufficient evidence on which a reasonable court might find for the plaintiff; business assets acquired during marriage may be considered matrimonial property.

Court Disposition

application for absolution from the instance dismissed

Orders

  • application for absolution from the instance is dismissed