A Zimbabwean woman has walked away with the lionโs share of her familyโs property after a High Court judge rejected a straightforward 50-50 split following the collapse of her 24-year marriage.
Caecilia Nyamutswa was awarded 100 percent of the coupleโs 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 because of ill health, will nevertheless keep a prized Cessna aircraft, two boats, fishing equipment, firearms and book royalties.
The dramatic divorce battle centered on who contributed what during the marriage โ and the court ultimately found that Caecilia had made the greater direct financial contribution.
The couple married at Sacred Heart Cathedral on October 7, 2000, and have three adult children.
The court heard that Caecilia, a lawyer and former law-firm partner who later moved into banking, produced mortgage documents showing that she had paid for both the Colne Valley and Vainona properties, which were registered in both their names.
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๐ JOIN GISTSMATE WHATSAPP CHANNELShe also paid all the childrenโs school fees.
Cosmas, meanwhile, told the court that after being forced to stop flying because of ill health, he became a โhouse-husbandโ, taking care of school runs and other household responsibilities.
But he insisted that his contribution to the marriage went far beyond domestic duties.
He told the court that his advice had encouraged Caecilia to leave private legal practice for banking โ a career move he claimed transformed their fortunes.
He also pointed to the coupleโs lavish lifestyle, including private charters, fishing expeditions, boats and guns, and claimed he funded the construction of a Great Zimbabwe-inspired conical tower at the Vainona property.
But Justice Phillipa Phillips (pictured) found there were compelling grounds to depart from the usual 50-50 presumption.
The judge nevertheless recognised Cosmasโ indirect contribution to the marriage, meaning he was not left empty-handed.
Under the final settlement, he keeps his Cessna aircraft at Charles Prince Airport, two boats, fishing and welding equipment, a gold-refining boiler and firearms.
He will also retain the rights and royalties from books he authored, including โWho Built Great Zimbabwe and Whyโ and โOur Totems and Our Sexuality.โ
Caecilia, meanwhile, keeps the household goods, including freezers, a lounge suite and fridges, on top of her substantial share of the coupleโs property.
The court also delivered several blows to Cosmasโ other claims.
His request for post-divorce medical aid maintenance was dismissed.
The court ruled that it could not distribute a Toyota Prado that Caecilia had sold before the divorce summons were issued.
It also found that Caecilia had no locus standi to claim university fees for their three adult children.
The marriage, which began in 2000, has now ended with the court effectively drawing a line under a bitter dispute over the coupleโs wealth and contributions.
The final split makes for an unusual scorecard: she gets the mansions and land, while the former pilot keeps the plane, boats, guns, equipment and his book royalties.
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