News / National
Harare woman wins matrimonial house dispute
11 hrs ago | Views
The High Court has ruled in favor of Letween Kadiya, a Harare woman who was awarded US$32,500 as her rightful share from the proceeds of the sale of the matrimonial house by her estranged husband, Kudakwashe Naison.
Kadiya had initially claimed US$52,500 from the sale, but High Court Judge Justice Amy Tsanga determined that she was entitled to US$32,500 after evaluating the circumstances surrounding the sale of the property.
Court documents reveal that Kadiya and Naison met in 2013 and began cohabiting the following year. In May 2015, Kadiya gave birth to their first child, and shortly thereafter, she stopped working. Naison proposed a joint business venture selling cellphones, and Kadiya contributed US$500 as initial capital.
The couple also secured a loan from a Chinese businesswoman, Anita, who was Naison's contact in China. The loan, worth US$35,000 in cellphones, was repaid within a month, and the couple's business was thriving with daily sales of up to US$7,000, yielding profits between US$3,000 and US$3,500.
In July 2019, the couple purchased a stand in Haydon Park and registered it in both their names. They subsequently constructed a 16-room house on the property, which they sold in 2022 for US$65,000 to purchase another stand with title deeds. However, when Kadiya and Naison separated in March 2023, Naison refused to share any of the proceeds from the sale with Kadiya.
Kadiya then filed an application at the High Court, claiming US$52,500 from the sale of the property. She also sought an additional US$20,000 from a stock of cellphones worth US$40,000, which was still in their possession at the time of their separation.
In his defense, Naison denied having a business partnership with Kadiya and refuted her claim that she had given him US$500 in capital. He admitted to the sale of the stand but argued that the proceeds were used to service a loan from Anita due to financial difficulties with the cellphone business.
However, Justice Tsanga ruled that Kadiya was entitled to her fair share of the property sale proceeds. "By registering the property in both names, she obtained a half share. Also, since there was no business partnership in the strict sense of that word relating to his cellphone business, then the loan to Anita had nothing to do with the plaintiff," the judge stated.
The court further ruled that Naison could not use Kadiya's half share of the proceeds to cover his own business debt. Justice Tsanga concluded that Naison owed Kadiya US$32,500, which is half of the US$65,000 from the sale of the jointly-owned property.
In the final ruling, the court ordered that Naison pay Kadiya US$32,500, reflecting her rightful half share of the proceeds from the sale of the property, located at Stand 3239 State Land, Haydon Farm, measuring 877 square meters.
This judgment marks a significant win for Kadiya, ensuring that she receives her fair share of the couple's joint assets following their separation.
Kadiya had initially claimed US$52,500 from the sale, but High Court Judge Justice Amy Tsanga determined that she was entitled to US$32,500 after evaluating the circumstances surrounding the sale of the property.
Court documents reveal that Kadiya and Naison met in 2013 and began cohabiting the following year. In May 2015, Kadiya gave birth to their first child, and shortly thereafter, she stopped working. Naison proposed a joint business venture selling cellphones, and Kadiya contributed US$500 as initial capital.
The couple also secured a loan from a Chinese businesswoman, Anita, who was Naison's contact in China. The loan, worth US$35,000 in cellphones, was repaid within a month, and the couple's business was thriving with daily sales of up to US$7,000, yielding profits between US$3,000 and US$3,500.
In July 2019, the couple purchased a stand in Haydon Park and registered it in both their names. They subsequently constructed a 16-room house on the property, which they sold in 2022 for US$65,000 to purchase another stand with title deeds. However, when Kadiya and Naison separated in March 2023, Naison refused to share any of the proceeds from the sale with Kadiya.
Kadiya then filed an application at the High Court, claiming US$52,500 from the sale of the property. She also sought an additional US$20,000 from a stock of cellphones worth US$40,000, which was still in their possession at the time of their separation.
In his defense, Naison denied having a business partnership with Kadiya and refuted her claim that she had given him US$500 in capital. He admitted to the sale of the stand but argued that the proceeds were used to service a loan from Anita due to financial difficulties with the cellphone business.
However, Justice Tsanga ruled that Kadiya was entitled to her fair share of the property sale proceeds. "By registering the property in both names, she obtained a half share. Also, since there was no business partnership in the strict sense of that word relating to his cellphone business, then the loan to Anita had nothing to do with the plaintiff," the judge stated.
The court further ruled that Naison could not use Kadiya's half share of the proceeds to cover his own business debt. Justice Tsanga concluded that Naison owed Kadiya US$32,500, which is half of the US$65,000 from the sale of the jointly-owned property.
In the final ruling, the court ordered that Naison pay Kadiya US$32,500, reflecting her rightful half share of the proceeds from the sale of the property, located at Stand 3239 State Land, Haydon Farm, measuring 877 square meters.
This judgment marks a significant win for Kadiya, ensuring that she receives her fair share of the couple's joint assets following their separation.
Source - newsday
