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MASIWA v MASIWA 2007 (1) ZLR 167 (S)

2007 (1) ZLR p167

Citation

2007 (1) ZLR 167 (S)

Case No

Judgment No. S-74-06

Court

Supreme Court, Harare

Judge

Ziyambi JA, Gwaunza JA and Garwe JA

Heard

27 November 2006

Judgment

22 March 2007

Counsel

Mrs B Mtetwa, for the appellant
H Zhou, for the respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Family law — husband and wife — divorce — property division — Matrimonial Causes Act [Chapter 5:13] — s 7 — indirect contributions of wife during subsistence of the marriage — what may be included therein — duration of marriage — effect of short duration of marriage on property division

Family law — husband and wife — divorce — property division — direct contribution of spouses — duty of court to set out the method of assessment — duty to have regard to direct contribution, even if minimal — need to have regard to contributions of spouses both direct and indirect

Family law — husband and wife — divorce — property division — mortgage repayments by one spouse — need to balance such payments against that spouse's exclusive occupation of the home after the separation of the parties

Family law — husband and wife — divorce — property division — sale of matrimonial home — normal practice is to claim a percentage — undesirability of awarding specific sum, particularly in an inflationary environment

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