Mashonganyika v Mashonganyika (HC 1458 of 2006) [2008] ZWHHC 10 (27 February 2008)

Mashonganyika v Mashonganyika (HC 1458 of 2006) [2008] ZWHHC 10 (27 February 2008)

The evidence did not establish that the marriage had irretrievably broken down or that there were no prospects of reconciliation; therefore, the matter should be postponed to allow the parties an opportunity to attempt reconciliation.

Citation
[2008] ZWHHC 10
Parties
Plaintiff: Orderly Mashonganyika; Defendant: Memory Mashonganyika
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 February 2008
Case Number
HC 1458 of 2006
Procedural Posture
Divorce / Interlocutory Order on Irretrievable Breakdown and Postponement
Outcome
postponed
Legal Topics
Divorce, Irretrievable Breakdown, Matrimonial Property, Reconciliation
Source Language
English
Family Law Divorce Irretrievable Breakdown Matrimonial Property Reconciliation

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Parties

Orderly Mashonganyika

Plaintiff

Memory Mashonganyika

Defendant

Procedural Posture

Divorce / Interlocutory Order on Irretrievable Breakdown and Postponement

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down under the Matrimonial Causes Act
  2. 2 Whether there are reasonable prospects of reconciliation between the parties

Ratio Decidendi

The evidence did not establish that the marriage had irretrievably broken down or that there were no prospects of reconciliation; therefore, the matter should be postponed to allow the parties an opportunity to attempt reconciliation.

Court Disposition

postponed

Orders

  • The matter is postponed for 12 months to enable the parties to attempt reconciliation through marriage counsel, treatment or reflection.
  • No order as to costs.