By Ado Oyeyemi
A Zimbabwean High Court has awarded a woman a substantial portion of the matrimonial assets following the breakdown of her 24-year marriage, rejecting an equal 50-50 division of the couple’s property.
The woman, Caecilia Nyamutswa, was awarded the entirety of the couple’s Colne Valley property, 60 per cent of their Vainona property and a 12-acre plot in Shamva.
Her husband, Cosmas Nyamutswa, a pilot who can no longer fly due to ill health, was allowed to retain a Cessna aircraft, two boats, fishing equipment, firearms and royalties from books he authored.
The couple married at Sacred Heart Cathedral on October 7, 2000, and have three adult children.
During the proceedings, the court considered the respective contributions of the couple to their marriage and accumulated assets.
Caecilia, a lawyer and former law firm partner who later moved into banking, produced mortgage documents showing that she paid for the Colne Valley and Vainona properties, although both properties were registered in their names.
She also told the court that she had shouldered the payment of the children’s school fees.
Cosmas, on the other hand, said his contribution extended beyond financial obligations.
After ill health forced him to stop flying, he said he became a “house-husband”, handling school runs and other household responsibilities.
He also claimed that his advice influenced Caecilia’s decision to leave private legal practice for banking, a career move he said significantly improved the family’s financial position.
The former pilot further pointed to the couple’s lifestyle, including private charters, fishing trips, boats and firearms, while claiming responsibility for the construction of a Great Zimbabwe-inspired conical tower at their Vainona property.
Justice Phillipa Phillips, however, found sufficient grounds to depart from the usual presumption of an equal division of matrimonial assets, while recognising Cosmas’ indirect contributions to the marriage.
Under the final settlement, Cosmas will retain his Cessna aircraft at Charles Prince Airport, two boats, fishing and welding equipment, a gold-refining boiler, firearms and royalties from books including Who Built Great Zimbabwe and Why and Our Totems and Our Sexuality.
Caecilia will also retain household items such as freezers, refrigerators and a lounge suite, in addition to her awarded interests in the properties and land.
The court dismissed Cosmas’ request for post-divorce medical aid maintenance and declined to distribute a Toyota Prado that Caecilia had sold before divorce proceedings were initiated.
The judge also ruled that Caecilia lacked the legal standing to seek university fees for the couple’s three adult children.
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The ruling brings an end to the long-running dispute over the couple’s property and respective contributions following the collapse of their 24-year marriage.
