In a recent ruling, a Harare woman, Letween Kadiya, has been granted US$32,500 by the High Court after her estranged husband, Kudakwashe Naison, sold their matrimonial house and refused to share the proceeds.
Kadiya initially claimed US$52,500 from Naison, but High Court judge Justice Amy Tsanga determined that she was entitled to half of the profits from the sale of the property.
The couple began cohabiting in 2014 after meeting in 2013 and welcomed their first child in May 2015, after which Kadiya stopped working.
To support their finances, Naison proposed a joint venture to sell phones, to which Kadiya contributed US$500 as startup capital, Newsday reports.
Additionally, they secured a loan of US$35,000 in cellphones from a Chinese associate named Anita, whom Naison had contact with during his visits to China.
Kadiya managed the shop while Naison was away, and she testified that the loan was repaid within a month, with average daily sales reaching US$7,000 and profits fluctuating between US$3,000 and US$3,500.
In July 2019, the couple purchased a piece of land in Haydon Park, which they registered jointly.
They constructed a house with 16 rooms up to roof level and sold it for US$65,000 in 2022 to acquire a stand with title deeds. However, following their separation in March 2023, Kadiya claimed that Naison withheld her share of the sale proceeds.
During the court proceedings, Kadiya sought an additional US$20,000, arguing that there were unsold cellphones worth US$40,000 at the time of their separation.
She noted that she had used her business earnings, derived from selling weaves, to help Naison launch the cellphone venture.
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In his testimony, Naison refuted Kadiya’s claims of a business partnership and the US$500 capital contribution.
He acknowledged the purchase of the land but explained that they sold it due to declining sales in the cellphone business. He claimed that the sale proceeds were used to pay off the loan to Anita.
Justice Tsanga ruled in Kadiya’s favor, emphasizing that since the property was registered in both their names, she was entitled to a half share of the profits. She stated, “He could not have used her half share of the proceeds from the sale of the property in which he owned half to cover his own business loan.”
Consequently, the court ordered Naison to pay Kadiya US$32,500 as her share from the sale of their jointly-owned property, Stand 3239 State Land, Haydon Farm, measuring 877 square metres.
