By Daniel Nemukuyu
Businessman Mr Phillip Chiyangwa is embroiled in a messy divorce in which his wife of 25 years is claiming 85 percent of the couple’s wealth and US$83 000 per month for 120 months as maintenance after the termination of the marriage.
Mrs Elizabeth Chiyangwa (nee Juma) says her husband was now associating with several other women and that their marriage had irretrievably broken down.
Her lawyer Advocate Isaiah Mureriwa of Scanlen and Holderness, filed the divorce papers on at the High Court on Monday.
Mrs Chiyangwa is seeking a decree of divorce, an order for property sharing in which she claims 85 percent and monthly maintenance in the sum of US$83 000 for a period of 120 months.
Among the listed properties believed to be part of Mr Chiyangwa’s empire include 60 hectares of land in the Grange (Harare), Stoneridge Farm measuring 586 hectares, six hectares of land in Harare, Lot 3 of Delnadamph Estate measuring 5 hectares, Stand 65 Colne Valley Township 5 of Lot 7A measuring 7 hectares, Stand 389 Derbyshire Township measuring 25 hectares, a piece of land in Zvimba measuring 1 331 hectares, piece of land in Shortson Harare measuring 72 hectares, part of Sangwe Farm in Chinhoyi measuring 845 hectares, 2 812 hectares of land at Olympus Farm in Chinhoyi, 4 060 hectares at Old Citrus Farm in Chinhoyi, 1 416 hectares at Strathcona Farm, Chinhoyi, 600 hectares at North Umzari Farm, urban residential stands throughout the country, a fleet of top of the range vehicles and 40 companies.
Mrs Chiyangwa claims during the subsistence of their marriage, they acquired 109 stands, plots and structures and a host of other properties.
In the plaintiff’s declaration forming part of the application, Mrs Chiyangwa said she married Mr Chiyangwa in 1986 but their marriage was solemnised under Chapter 5:11 of the Marriages Act on November 11 1988.
The parties have two daughters Ellen Vanessa (born 1986) and Mitchelle Martha (born 1989). Mrs Chiyangwa claims the marriage had irretrievably broken down.
“The defendant (Mr Chiyangwa) has improperly associated himself with several other women sexually.
“The defendant continues with such conduct such that the plaintiff finds his continued behaviour irreconcilable with a continued marital relationship between her and the defendant.
“The defendant continuously neglects, emotionally and physically, abuses the plaintiff in a manner inconsistent with a normal marital relationship.
“The abuse is to the extent that the plaintiff lives in constant fear of the defendant and her continued living with him is out of submission as opposed to consent, a situation incompatible with a normal marital relationship.
“The defendant has successfully alienated his love for the plaintiff to other several women to the extent that the plaintiff regards as irreconcilable with a continued marital relationship.
“As a result of the conducts and behaviours mentioned above, the plaintiff has consequently lost all trust, faith, love and affection for the defendant to the extent that she desires to have this marriage dissolved,” read the declaration.
Mrs Chiyangwa said the properties she listed were acquired by the couple over the years but registered in Mr Chiyangwa’s name or names of some companies linked to him.
She wants the court to appoint an independent professional auditor to determine the exact extent and particulars of the estate acquired by the parties during the subsistence of the marriage and compile an inventory of the properties.
An independent evaluator, Mrs Chiyangwa says, should be appointed by the registrar of the High Court to evaluate the properties in the inventory to be compiled by the auditors.
Mrs Chiyangwa says the parties involved in the divorce should equally pay the appointed evaluator and forensic auditor.
She wants 85 percent of the property.
“The defendant shall pay the 85 percent value in cash to the plaintiff within a period of 90 days of the decree of divorce, failure of which the deputy sheriff shall, by public auction sell those of the assets mentioned in the inventory as shall realise cash proceeds equivalent to 85 percent of the value declared by the evaluator and pay such portion of the proceeds thereof as is equal to 85 percent of the declared value of the estate to the plaintiff.” The Herald
