Zikwature v Zikwature and 3 Others (30 of 2023) [2023] ZWMSVHC 33 (9 August 2023)

Zikwature v Zikwature and 3 Others (30 of 2023) [2023] ZWMSVHC 33 (9 August 2023)

The court found the marriage had irretrievably broken down and granted a divorce. It held that the Windsor Park property, jointly owned, should be divided equally (50/50) as the presumption of equal ownership was not rebutted. The Ascot property, acquired before marriage and inherited by the 1st defendant, was excluded from division. The Mkoba property was divided equally. The court found the disputed motor vehicles and cash belonged to Zikwa Driving School (Pvt) Ltd, not the parties personally. The plaintiff was entitled only to her 15% share in the company as per share certificates, with no basis to pierce the corporate veil. Custody of the minor children was awarded to the 1st...

Parties
Plaintiff: Silibaziso Zikwature; 1st Defendant: Elliot Zikwature; 2nd Defendant: Tariro Zikwature; 3rd Defendant: Mildred Madzimure; 4th Defendant: Zikwa Driving School (Pvt) Ltd
Jurisdiction
Zimbabwe
Judgment Date
09 August 2023
Procedural Posture
Divorce and Ancillary Relief / Final Judgment
Outcome
Decree of divorce granted; assets divided as per judgment; custody of minor children to 1st defendant; no maintenance orders; plaintiff awarded 15% share in company.
Legal Topics
Divorce, Division of Matrimonial Property, Custody of Children, Company Shareholding, Piercing the Corporate Veil
Family Law Company Law Divorce Division of Matrimonial Property Custody of Children Company Shareholding Piercing the Corporate Veil

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Parties

Silibaziso Zikwature

Plaintiff

Elliot Zikwature

1st Defendant

Tariro Zikwature

2nd Defendant

Mildred Madzimure

3rd Defendant

Zikwa Driving School (Pvt) Ltd

4th Defendant

Procedural Posture

Divorce and Ancillary Relief / Final Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down and should be dissolved
  2. 2 How matrimonial assets, including immovable property, movable property, company shares, and cash, should be distributed
  3. 3 Whether certain assets (motor vehicles, cash, company shares) are matrimonial property or company property

Ratio Decidendi

The court found the marriage had irretrievably broken down and granted a divorce. It held that the Windsor Park property, jointly owned, should be divided equally (50/50) as the presumption of equal ownership was not rebutted. The Ascot property, acquired before marriage and inherited by the 1st defendant, was excluded from division. The Mkoba property was divided equally. The court found the disputed motor vehicles and cash belonged to Zikwa Driving School (Pvt) Ltd, not the parties personally. The plaintiff was entitled only to her 15% share in the company as per share certificates, with no basis to pierce the corporate veil. Custody of the minor children was awarded to the 1st...

Court Disposition

Decree of divorce granted; assets divided as per judgment; custody of minor children to 1st defendant; no maintenance orders; plaintiff awarded 15% share in company.

Orders

  • Decree of divorce between plaintiff and 1st defendant granted.
  • Custody of two minor children awarded to 1st defendant; plaintiff to have reasonable access every alternate school holiday.