Businessman to pay US$11k maintenance to ex-wife

The High Court has ordered businessman Murombo Josiah Mimana to continue supporting his estranged wife, Marvel Mtisi, with monthly maintenance, ruling that he has the financial capacity to provide for his family's upkeep.

In a judgment delivered on October 9, 2025, Justice Fatima Maxwell granted Mtisi maintenance of US$11,726 per month and directed Mimana to cover 80% of her legal costs pending the finalisation of their divorce proceedings.

The couple, who married under an unregistered customary union in 2001, have eight children. Mtisi approached the court seeking a declaration that the marriage had irretrievably broken down and for Mimana to resume the US$20,000 monthly payments he allegedly stopped in February 2025, after having consistently paid the amount since March 2024.

In her application, Mtisi said she was unemployed and had been excluded from the couple's businesses, despite holding a 50% stake. She told the court that the businesses were thriving, citing lucrative Jet A1 fuel supply contracts and profitable mining operations, arguing that Mimana was capable of meeting the US$21,936 monthly family expenses and contributing to her legal fees.

Mimana, however, denied personally paying the maintenance, claiming that it was the company that had been providing the funds "for the upkeep of the family." He accused Mtisi of failing to account for the money and said payments ceased after she allegedly interfered with company operations. He also disputed her claim of co-ownership, maintaining that she was not a shareholder and had no entitlement to dividends or business proceeds.

Justice Maxwell dismissed Mimana's arguments, ruling that he remained financially responsible for his family's welfare, whether payments were made personally or through his company.

"It is common cause that the applicant has been dependent on the US$20,000 per month she was getting. The bottom line is that she has no source of income except the contribution she was receiving," the judge said.

"Respondent has not disputed that he is unilaterally running the company and that the US$20,000 was being paid on his behalf. He is therefore in a position to contribute to the applicant's legal costs whether personally or through the company."

The court adjusted Mtisi's claim by removing certain nonrecurring and tutoring expenses amounting to US$10,210, leaving US$11,726 as the payable monthly maintenance.

Justice Maxwell also dismissed Mimana's technical objection that Mtisi's affidavit had been improperly commissioned, describing it as "a desperate attempt by the respondent to avoid going into the merits of the matter."

"The application for maintenance pendente lite and contribution towards costs be and is hereby granted," she ruled.