The plaintiff (Simba) shall sign all necessary documents to enable transfer of his 50% share as joint owner to the defendant within 30 days from the date of request,” the judgment read.
I am of the view that upon careful consideration of all the case, this is a case where in terms of 7(1)(a) of the Act, the plaintiff (ex-husband)’s share must be transferred to the defendant (ex-wife).
The only reasonable and practicable manner of distribution that would leave the parties in a position they would have had a normal marriage relationship continued is for the defendant (ex-wife) to be awarded plaintiff’s 50% share,” Justice Chitakunye ruled.
The ex-wife, according to court papers, took care of the family and made improvements to the house from which now Simba wants to get a 50% share.
The court ruled that “the defendant’s (ex-wife) claim for 100% share of the matrimonial home was also premised on the fact that after desertion, the ex-husband never looked back.
