Dionne Kanyowa
A HARARE businessman Upenyu Mashangwa has lost a case against his wife, Blessing, in which he was demanding access to their matrimonial home amid their ongoing divorce proceedings.
On March 23, Justice Rogers Manyangadze dismissed an urgent chamber application that was lodged by Mushangwa, reasoning that he had failed to show that he had a right to be at the matrimonial house after applying for spoliation relief.
In passing the judgment, Manyangadze said he had also considered the pending domestic matter that was initially heard in the magistrate‘s court in January in which Mashangwa was barred from residing at their Borrowdale matrimonial house.
“What is significant to note is that there is an extant order of a court of competent jurisdiction, barring the applicant‘s access to the matrimonial home, which is the subject of the spoliation relief he seeks.
“He cannot, in the circumstances, be said to be in peaceful and undisturbed possession or occupation of the property. Thus, a fundamental requirement of the relief sought has not been met,” ruled the court.
Mashangwa had approached the court, accusing his wife of denying him access to their matrimonial home.
He told the court that his wife had started partitioning the house in a bid to restrict him access to several parts of the house such as the kitchen, lounge and dining area.
He also submitted that Blessing had allegedly started constructing a precast wall on their jointly owned property and was considering putting a tenant without his consent.
However, Blessing denied partitioning of the house as alleged by her husband.
She also argued that Mashangwa was placed under bail conditions that restricted him from staying at their matrimonial house.
Sometime last year, the couple lost a defamation suit against the United Family International Church (UFIC) leader Emmanuel Makandiwa and his wife Ruth after the Supreme Court upheld a High Court judgment declaring the cleric innocent in a matter he was accused making “ fake prophecies” that caused the Mashangwa to make investments that never materialised.
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