Wednesday 10 January 2024


THE High Court has terminated joint ownership of two properties for a divorced couple based in the United Kingdom.

Sibongile Diya, nee Chitiyo, and Trust Diya got married on April 8, 2000, and divorced in 2017.

The couple was unable to agree on a fair distribution of the properties.

During the subsistence of their marriage, the pair acquired two immovable properties in Hatfield and New Tafara.

The Hatfield property was valued between US$115 000 and US$120 000 in April 2021.

The Tafara property was pegged between US$15 000 and US$19 000 during the same period.

Sibongile bought the Hatfield property measuring 4 776 square metres after receiving a lump sum from her reinstated contract in 2005.

The Tafara property was purchased by the two after Trust secured a loan facility, but it was registered in Trust’s brother, Tawanda’s name.

Additionally, the two also acquired a house in Westlea and a flat in Mufakose.

The Westlea property is jointly owned, while the Mufakose flat is registered in Sibongile’s name.

Sibongile sought an order to have Trust transfer his share of the Hatfield property to her, and also demanded that Tawanda transfer his ownership rights to her for the New Tafara property.

After going through the merits, Justice Fatima Maxwell granted Sibongile’s application and ordered the termination of joint ownership.

“The joint ownership by Sibongile and Trust of two immovable properties in Harare, namely, Subdivision B of Lot 208 Block C Hatfield Estate, situate in the District of Salisbury, measuring 4 776 m², also known as No.37 Winston Road, Hatfield, Harare and Stand No. 4443 New Tafara, Harare be and is hereby terminated.

“Both properties are to be evaluated by a valuer agreed to by the parties within 30 days of this order failing which the Registrar of the High Court will appoint one from his list of valuers and both parties will share the costs of the valuation equally.

“Sibongilie be and is hereby ordered to pay Trust 50% of the value of the Hatfield property less any capital gains tax duly assessed by the Zimbabwe Revenue Authority, US$24 940,75, being 50% of the expenses incurred by Sibongle in improving and renovating the property.

“Fifty percent of the costs of having a gardener and a caretaker at the property from the date the summons were issued to the date of payment.

“Tawanda Diya be and is hereby ordered to attend at the City of Harare Department of Housing Offices to sign the necessary papers within 10 days of being called upon to do so, failing which the Sheriff of the High Court of Zimbabwe be and is hereby authorised to sign such papers on his behalf at Trust’s expense,” ruled the judge. H Metro


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