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Maintenance re: Majority Status Children, Perpetual Minors and the Perpetual Dependence Syndrome

HH51-12 : TENDAYI MUNDAWARARA vs EMELDA MUNDAWARARA
Ruled By: MAWADZE J

The plaintiff and the defendant are husband and wife respectively and they married each other in Harare on 7 March 1990 in terms of the Marriage Act [Chapter 5:11]. Prior to that, the parties had married traditionally on 21 January 1990 and the same marriage was blessed in church on ...
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Appealed
HH34-12 : CHRISTIANE KWEDZA (nee MARTIN) vs MUSA KWEDZA
Ruled By: CHITAKUNYE J

The plaintiff and defendant were joined in holy matrimony in terms of the Marriages Act [Chapter 5:11] on 8 January 1988 at Harare. Their marriage subsists.Their marriage was blessed with two children who are now adults....,.At the time of issuance of the summons, the children were still minors and so ...
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HH134-12 : EVANGELIST SANDE (nee NYAMANGUNDA) vs TAKAWIRA KIZITO SANDE
Ruled By: CHITAKUNYE J

At a pre-trial conference, most of the issues were settled. The parties agreed that:(1)...,. (2)...,. (3)...,. (4) The defendant shall contribute towards the adult child's University education;...,.(1)...,. (2)...,. (3)...,. (4)...,. (5)...,. (6) The defendant shall pay half of Melissa Tapiwa Sande's University fees as charged by Midlands State University where ...
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

On maintenance...,, it may be noted that the elder child is now a major....,.1....,. 2....,. 3. The plaintiff shall pay school fees for Anna Sibahle Simango based on the Monte Casino Girls High School scale.
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

The next issue raised in the Stated Case is whether the defendant has a legal obligation to provide for his daughter Elena Gloria Koumides. Paragraph 3 of the defendant's plea reads as follows – “Ad paragraph 8-11 thereof These are denied, more specifically, (as a matter of law):- (a) It is denied that the defendant has any inherent legal ...
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HB19-11 : LERATO NYANDORO vs NEWTON T. NYANDORO
Ruled By: NDOU J

The plaintiff is staying with the three children, including Rujeko Nyandoro, who has attained age of majority but is still dependent on her. Rujeko Nyandoro is a student at Lupane State University and the plaintiff is claiming maintenance for her essential educational needs. Rujeko Nyandoro has just gone past her first term in her ...
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HH561-14 : JULIAN TINOTENDA MADONDO and MILLICENT NYARAI MEZA vs CECIL MADONDO
Ruled By: UCHENA J

This urgent application was filed by the applicant against his father for an order compelling him to pay fees and other necessary expenses to enable him to study pharmacy at Erode University in India. The respondent opposed the application but stressed that he is not denying his son education. He wants him to study at local ...
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Appealed
SC37-18 : TRACEY LEIGH MACKINTOSH (NEE PARKINSON) vs ANTONY WILLIAM MACKINTOSH
Ruled By: GARWE JA, GUVAVA JA and UCHENA JA

In the consent order, the parties agreed that maintenance would cease once the two children attained the age of majority. Whilst that is the factual position, there is little doubt that that threshold was arbitrary. It cannot be disputed that the children will, in all probability, still be at school when they attain the age of ...
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Appealed
HH457-14 : PHILIPPA ANN COUMBIS vs RONALD JOHN COUMBIS
Ruled By: MAWADZE J

In respect of maintenance for Julian Ronald Coumbis (Julian), the plaintiff is claiming payment of the full school account and an amount of US$2,000= per month….,. The defendant seeks that the plaintiff contributes 25% of the total cost of the maintenance and upkeep of Julian….,. The defendant has prayed for an order that the plaintiff pays about 25% of ...
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HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

The appeal is against the entire judgment of the court a quo wherein the court ordered, that, the appellant pays maintenance in the sum of $350 per month until the respondent becomes self-supportive. The appellant raised grounds of appeal as follows:“1. The learned magistrate erred and misdirected herself in awarding ...
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Appealed
SC103-21 : IRENE MHLANGA vs MIKE MHLANGA
Ruled By: GWAUNZA DCJ, MATHONSI JA and CHITAKUNYE AJA

On 18 May 2021, at the conclusion of the hearing of this appeal, we dismissed the appeal with costs. We indicated that our reasons will follow in due course. These are the reasons.This is an appeal against the whole judgment of the High Court handed down on 23 July 2020 ...
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HH485-20 : MIKE MHLANGA vs IRENE MHLANGA
Ruled By: CHIRAWU-MUGOMBA J

This matter falls squarely in the realm of the law of succession in Zimbabwe. The background is as follows:On the 24th of January 2014, the plaintiff issued summons against the defendant seeking the following relief:(a) Eviction of the defendant, and all those claiming through her, from House Number 1138 Section ...
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HH335-14 : ZUWA DAMSON vs LINCOLN USHAMBA
Ruled By: TSANGA J

Maintenance, and its variation, are, by way of enquiry, and cannot be dealt with through an urgent chamber application.
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