Chikodzi (nee Dhlakama) v Chikodzi (HC 11433 of 2017; HH 330 of 2020) [2020] ZWHHC 330 (28 May 2020)

Chikodzi (nee Dhlakama) v Chikodzi (HC 11433 of 2017; HH 330 of 2020) [2020] ZWHHC 330 (28 May 2020)

Both parties contributed directly and indirectly to the acquisition and development of the matrimonial property during a long marriage; a just and equitable distribution is an equal share in the immovable property, with the defendant given first option to buy out the plaintiff. The quantum of maintenance for the...

Source-derived case information.

Citation
[2020] ZWHHC 330
Parties
Plaintiff: Modest Chikodzi (nee Dhlakama); Defendant: Bigbrain Chikodzi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
28 May 2020
Case Number
HC 11433 of 2017 ; HH 330 of 2020
Procedural Posture
Divorce Action / Judgment
Outcome
Decree of divorce granted; custody of minor child to plaintiff; maintenance set at USD 500 per month; equal division of matrimonial house; movables distributed as per consent paper; each party to bear own costs.
Legal Topics
Divorce, Matrimonial Property, Child Custody, Child Maintenance, Costs
Source Language
english
Family Law Divorce Matrimonial Property Child Custody Child Maintenance Costs

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Parties

Modest Chikodzi (nee Dhlakama)

Plaintiff

Bigbrain Chikodzi

Defendant

Procedural Posture

Divorce Action / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and a decree of divorce should be granted
  2. 2 What is the just and equitable distribution of the matrimonial property known as Stand 2148 Highgate Close, Glen Lorne, Harare
  3. 3 What is the appropriate quantum of maintenance for the minor child

Ratio Decidendi

Both parties contributed directly and indirectly to the acquisition and development of the matrimonial property during a long marriage; a just and equitable distribution is an equal share in the immovable property, with the defendant given first option to buy out the plaintiff. The quantum of maintenance for the minor child is set at USD 500 per month, as the plaintiff failed to justify a higher amount and the defendant has been providing for the child's needs.

Court Disposition

Decree of divorce granted; custody of minor child to plaintiff; maintenance set at USD 500 per month; equal division of matrimonial house; movables distributed as per consent paper; each party to bear own costs.

Orders

  • A decree of divorce is granted.
  • Custody of the minor child, X, born 8th December 2009, is awarded to the plaintiff; defendant granted reasonable rights of access.