Chiwenga argued he gave Mubaiwa a divorce token, thereby
terminating the union between them in terms of the African law and custom.
Mubaiwa said the gupuro was given to her in United States
currency which she refused to accept as that currency could no longer be
lawfully transacted in Zimbabwe.
However, Mubaiwa could not say that the customary union had
not ended. On the contrary, she accepted that it had terminated, but blamed her
ex-husband for its demise.
Justice Tagu said it was no longer a live issue whether the
customary union had ended and Mubaiwa in her own pleadings attested to this.
Both parties agree that the union had ended or came to a demise.
Justice Tagu said that Mubaiwa’s concern was one of
prejudice that she perceived would accrue to her if the termination of the
union was dealt with separately from the ancillary issues.
The ancillary issues relating to custody, maintenance and
the property rights of the parties had been stood down for determination at the
civil hearings, which would be set down by Mubaiwa as and when she is able to
pursue the matter.
COMMENTS