Mandeya v Mandeya (HC 6152 of 2006) [2008] ZWHHC 93 (15 October 2008)

Mandeya v Mandeya (HC 6152 of 2006) [2008] ZWHHC 93 (15 October 2008)

The marriage had irretrievably broken down; the plaintiff is entitled to custody of the minor child, maintenance for herself and the child, and an equal share in both the matrimonial home and the business due to her contributions and the parties' agreement.

Citation
[2008] ZWHHC 93
Parties
Plaintiff: Patricia Mandeya; Defendant: Anthony Mandeya
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 October 2008
Case Number
HC 6152 of 2006
Procedural Posture
Divorce Action / Judgment
Outcome
Decree of divorce granted; custody, maintenance, and property division ordered.
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property, Company Shareholding
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property Company Shareholding

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Parties

Patricia Mandeya

Plaintiff

Anthony Mandeya

Defendant

Procedural Posture

Divorce Action / Judgment

Legal Issues

  1. 1 Custody of the minor child
  2. 2 Entitlement and amount of maintenance for plaintiff and minor child
  3. 3 Whether Reliance Auto Electric (Pvt) Ltd t/a Total Car Wash forms part of matrimonial assets

Ratio Decidendi

The marriage had irretrievably broken down; the plaintiff is entitled to custody of the minor child, maintenance for herself and the child, and an equal share in both the matrimonial home and the business due to her contributions and the parties' agreement.

Court Disposition

Decree of divorce granted; custody, maintenance, and property division ordered.

Orders

  • Decree of divorce granted.
  • Custody of minor child awarded to plaintiff; defendant granted reasonable access.