The Herald (Zimbabwe)

Zvoma, estranged wife in property wrangle

- Fungai Lupande Senior Court Reporter

FORMER Clerk of Parliament Mr Austin Zvoma (pictured) and his estranged wife Maria (nee Jeche), are embroiled in a property wrangle that is playing out in the High Court with a Government farm and a house at the centre of the divorce procedings.

The two were married in terms of the Customary Act (Chapter 5:07) on April 3, 1978 and Zvoma married another woman on December 17, 2006 under the Marriages Act (Chapter 5:11).

Maria approached the High Court claiming an order for a divorce decree and ancillary relief saying, “the marriage has irretrieva­bly broken down and there are no prospects of restoratio­n”.

In the court papers, Maria said: “Parties jointly own a house in Glen Lorne measuring 4 257 square metres, a certain immovable property in Gletywn, Chishawash­a Hills and a farm in Merwede, Harare.

“When the Glen Lorne property was acquired in 1987 the plaintiff contribute­d since she was employed. It is equitable that she be awarded 100 percent shares of the Glen Lorne and Chishawash­a Hills houses and the farm.

“I insist that Zvoma left the matrimonia­l home in 1993 and has not done anything towards the maintenanc­e or upkeep of the matrimonia­l home in Glen Lorne, but instead had used the house as collateral for his personal loans.

“Since 2000 the defendant was taking loans using the Glen Lorne house as collateral and the house is now encumbered by the loans.” Zvoma denied that he abandoned the matrimonia­l home, but said he left by mutual agreement to avoid mutual stress, arguments and to create a good environmen­t for their three minor children.

“Both parties lost all love and affection for each other. The farm in question belongs to Government allocated under the Land Reform Programme. The defendant neither owns nor leases the property and it is not available for allocation and distributi­on upon divorce,” said Zvoma in his defendant plea.

“The defendant got married to his current wife on December 17, 2006 under the Marriages Act (Chapter 5:11). Accordingl­y plaintiff has no legal claim or entitlemen­t to any property acquired or allocated to defendant after December 17, 2006.

“It is equitable that the defendant be awarded 60 percent of the Glen Lorne house with the balance of the value being awarded to plaintiff.”

Maria insisted that the farm is on longterm lease to Zvoma by the Government and it is subject to distributi­on by the court.

“The defendant is getting value from using the farm and that value should be considered in the distributi­on of matrimonia­l property. The marriage between the defendant and the said current wife is null and void as it was entered without following due process in terms of the law, the marriage between the plaintiff and defendant still subsists,” she said.

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