The plaintiff husband sued his wife for divorce on 20 September 2005. She entered her plea and counterclaim on 19 May 2006. The matter was referred to trial at the pre-trial conference held on 19 June 2007. The parties agreed at the pre-trial conference that their marriage had irretrievably broken down. They also agreed on the issues of custody, access to and the payment of school fees of the minor children of the marriage and on the distribution of all the movable property. The sole issue that was referred for trial was on the equitable distribution of the matrimonial home,... More
The plaintiff and defendant are husband and wife. They got married customarily on 1 December 1993 and their marriage was solemnised in terms of the Marriage Act, [Cap 5:11] on 22 June 1994. They were blessed with three children all of whom are still minors. They have been experiencing marital problems since 1999. More
: This matter came before me as an urgent application. After having sight of the opposing papers filed by the respondents I concluded that the matter was not urgent, and by agreement of the parties it was enrolled on my roll of opposed matters as all parties had filed all the necessary affidavits and heads of argument. More
At the conclusion of the trial in this matter, the parties requested to file written submissions. I directed that the plaintiff’s closing submissions be filed by 7 March 2013 while those of the defendant should be filed after that. I have only had sight of the defendant’s closing submissions but those of the plaintiff have not been brought to my attention. More
