Agatha Mvula v Munalula (HPF/D 196 of 2019) [2020] ZMHC 336 (10 February 2020)

IN THE HIGH COURT FOR ZAMBIA 2019/HPF/D196 AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Divorce Jurisdiction) BETWEEN: AGATHA MVULA REPUBUC OF ZAMBIA HIGH COURT OF ZAMBIA FAMILY & CHILDREN'S DIVISK'N N FED 2U2O3 Atil REGISTRY P. O. BOX 50067, LUSAKA (cid:9) PETITIONER AND Ii (cid:9) SI [I) I 0 WI1SJW RESPONDENT BEFORE THE HONOURABLE LADY JUSTICE P. K. YANGAILO, ON 10TH FEBRUARY, 2020, IN OPEN COURT. For the Petitioner: (cid:9) Ms. M. Phiri - Messrs. Makebi Zulu For the Respondent: (cid:9) N/A Advocates PROUNCEMENT OF DECREE NISI LEGISLATION REFERRED TO: 1. 2. The Matrimonial Causes Act, Act No. 20 of 2007,- ,and The Matrimonial Causes Rules 1973. The Petitioner filed herein a Petition for the dissolution of marriage pursuant to Sections 8 and 9 (1) (e) of The Matrimonial Causes Act' on the ground that it has irretrievably broken down. She relied on the fact that the parties to the marriage have lived apart J1Id': (cid:9) (cid:9) LI for a continuous period of at least five years immediately preceding the presentation of the petition. On 91h December 2019, the Deputy Registrar certified that the Petitioner has sufficiently proved the contents of the Petition herein and is entitled to a decree. There are three children of the family who are over the age of 25 years. Pursuant to Rule 33 (3) (ii) of The Matrimonial Causes Rules 1973 2 , this cause was entered in the Special Procedure List. I set the matter down for pronouncement of a decree on 10 February, 2020. On the return date, only the Petitioner's Advocate was in attendance. Both the Petitioner and Respondent dispensed with appearing in person before the Court for the pronouncement of the Decree Nisi. Section 9 (1) (e) of The Matrimonial Causes Act', provides that in a petition for divorce, a marriage shall be found to have broken down irretrievably where the Petitioner satisfies the Court that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition. I have perused the record herein and evidence on record establishes that the parties last lived together as husband and wife in July, 1996. The Petition was filed on 14th June, 2019, thus a period of over 5 years has passed since they last lived together. I am satisfied that the Petitioner has proved that the marriage solemnised between AGATHA MVULA and JOSEPH LUCKSON J2 I Pd e MUNALULA has irretrievably broken down. I DECREE that the said marriage be dissolved and a DECREE NISI IS HEREBY GRANTED, to be made absolute within six (6) weeks of the date hereof, unless cause be sooner shown to the Court as to why it should not be so made. The parties shall bear their own costs. Delivered in Open Court this 10' day of February, 2020. P. K. YAN6AILO HIGH COURT JUDGE J31