BY HARRIET CHIKANDIWA
A HARARE-BASED lawyer, Rueben Mataka, has been dragged to the High Court by his ex-wife, Fidelity Tswatswa, who is seeking an order to compel him to cede his shares to the couple’s Monavale property in Harare, to his three children in terms of the order granted by the court in 2014.
Tswatswa said since the couple divorced almost five years ago, Mataka has not yet complied with the court order, hence her decision to approach the court again with an application for specific performance and ancillary relief.
The property in question is situated along Lyndhurst Road in Monavale, Harare.
“It was a term of the divorce order that I would retain half undivided shares and the first respondent (Rueben Mataka) would relinquish his shares and donate them in equal shares to the aforementioned three children in respect of the property,” Tswatswa said in her founding affidavit.
“The first respondent failed to abide by the court order and has no right either to, at law, on in fact to facilitate transfer of shares in the property as ordered by the court in terms of the court order.”
Tswatswa stated that she divorced Mataka in August 2014 and prior to the nullification of their marriage, they had been blessed with three children whose shares to the matrimonial property were still held by Mataka.
On Tuesday this week, she also wrote to the Law Society of Zimbabwe (LSZ) complaining about her ex-husband’s behaviour together with two law firms that have been representing him.
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“As board that represents lawyers, please may you assist me in getting refund which I paid to them and also to ensure that R Chibaya and Rueben Mataka, who also happens to be a lawyer represented by your board again, transfer the said half share to the children,” she wrote.
“From March 2019, I have suffered dealing with these three lawyers, M Musemburi Legal Practitioners, R Chibaya Law Chambers and Mataka Legal Practice.”
The LSZ confirmed receipt of the letter dated September 10, 2019.