Nyashadzashe Ndoro
Chief Reporter
The High Court of Zimbabwe, under the leadership of Justice Fatima Chakapamambo Maxwell, has finalized the divorce proceedings between Confidence Muza (née Nyakudya) and Teererai Muza, ending a lengthy legal battle marked by disagreements over child custody, maintenance, and asset division.
The couple, married in 2004, has four children, three of whom are minors. Confidence Muza, the plaintiff, filed for divorce, citing irreconcilable differences, abuse, and the breakdown of their relationship. Although Teererai Muza initially sought reconciliation and alternative dispute resolution, the court ultimately ruled that the marriage had irreparably broken down.
A central issue in the case was the custody of the children. After interviewing the children, the court awarded Confidence Muza full custody, with Teererai Muza granted visitation rights on alternating weekends and during public and school holidays. The court emphasized that the children's best interests were the primary consideration in its decision.
Regarding child maintenance, the court ordered Teererai Muza to pay $200 per child per month and cover additional expenses, including school fees, medical costs, food, and clothing, until each child turns 18 or becomes self-supporting.
Additionally, Confidence Muza was awarded $300 per month in spousal maintenance for a period of two years, recognizing her contributions to the marriage and the impact of her leaving employment at Teererai Muza’s request.
The division of assets, particularly two properties in Borrowdale and Mabvuku, proved challenging. The court ruled that both parties are entitled to a 50% share of each property. However, in the best interests of the children, Confidence Muza was granted sole occupancy of the Borrowdale property, while Teererai Muza retained sole operational rights to the Mabvuku business property until the youngest child turns 18.
The judgment further outlined the procedure for the eventual division of the properties, including a professional valuation and a right of first refusal for either party to purchase the other’s share. If neither party exercises this option, the properties will be sold, and the proceeds will be divided equally.
The court also provided a detailed process for the division of movable assets, including vehicles, household items, and business equipment.
Justice Maxwell dismissed Teererai Muza’s request for the matter to be referred to arbitration or postponed for reconciliation, noting the previous failed attempts and emphasizing the court’s jurisdiction in matrimonial matters.
Both parties were ordered to bear their own legal costs.
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