Midzi v Midzi (HC 1441 of 2013; HH 68 of 2017) [2017] ZWHHC 68 (2 February 2017)

Midzi v Midzi (HC 1441 of 2013; HH 68 of 2017) [2017] ZWHHC 68 (2 February 2017)

The marriage had irretrievably broken down and a decree of divorce was warranted. Custody of the minor children was awarded to the plaintiff with reasonable access to the defendant. Movable property was divided as agreed. The Glenlorne matrimonial home was awarded to the plaintiff to minimize disruption to the...

Source-derived case information.

Citation
[2017] ZWHHC 68
Parties
Plaintiff: Tsitsi Merylin Midzi; Defendant: Kudzai Midzi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 February 2017
Case Number
HC 1441 of 2013 ; HH 68 of 2017
Procedural Posture
Civil Trial (family) / Judgment After Full Trial
Outcome
Decree of divorce granted; custody, access, maintenance, and property division ordered.
Legal Topics
Divorce, Custody, Maintenance, Division of Matrimonial Property
Source Language
english
Family Law Divorce Custody Maintenance Division of Matrimonial Property

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Parties

Tsitsi Merylin Midzi

Plaintiff

Kudzai Midzi

Defendant

Procedural Posture

Civil Trial (family) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down
  2. 2 Custody and access arrangements for the minor children
  3. 3 Quantum of maintenance for the minor children

Ratio Decidendi

The marriage had irretrievably broken down and a decree of divorce was warranted. Custody of the minor children was awarded to the plaintiff with reasonable access to the defendant. Movable property was divided as agreed. The Glenlorne matrimonial home was awarded to the plaintiff to minimize disruption to the children, while properties acquired before marriage were awarded to the defendant due to his substantial contribution. The Bluffhill stand, acquired during marriage, was to be shared equally. KFM Consultants (Pvt) Ltd was not a matrimonial asset. Maintenance for the children was to continue as per the existing court order.

Court Disposition

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

Orders

  • Decree of divorce granted.
  • Plaintiff awarded custody of minor children; defendant granted reasonable access.