Enala L. Tembo Ngulube v Thabale Jack Ngulube (2000/HP/D18) [2001] ZMHC 1 (1 November 2001)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY AT LUSAKA (DIVORCE JURISDICTION) BETWEEN: ENALA L. TEMBO NGULUBE Petitioner AND THABALE JACK NGULUBE Respondent BEFORE THE HONOURABLE MR. JUSTICE PETER CHITENGI IN OPEN COURT ATLUSAKAONTHE 15m DAYOFOCTOBER,2001. For the Petitioner: For the Respondent: Mumbi National Legal Aid Clinic for Women Miyanzi Messrs Equity Chambers JUDGMENT This is one of the ill-fated marriages that are being dissolved by this Court. The parties have been married for seven years but for all these seven years they only lived together for four years. The petitioner has brought this petition on the ground that they have lived apart for continuous period of at least two years immediately preceding the presentation of the petition. On the evidence, I am satisfied on a balance of probabilities that the marriage has broken down irretrievably on the ground that the parties have lived apart for a continuous period of two years immediately preceding the presentation of the petition and the Respondent consents to a decree nisi being granted. I accordingly grant the petitioner a decree nisi. Matters of custody of the children of the family are adjourned to the Judge at Chambers and matters of settlement of matrimonial property if any are adjourned to the learned Deputy Registrar. DELIVERED IN OPEN COURT AT LUSAKA THIS 15T11 DAY OF OCTOBER, 2001. ..