Trace Zita Siisii v Brian Mulenga Malasha (2024/HPF/D232) [2024] ZMHC 274 (14 June 2024)

4 IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY FAMILY COURT DIVISION HOLDEN AT LUSAKA (Divorce J u risdiction ) BETWEEN: TRACE ZIT A SIISII AND 2024/HPF/D232 •: ' . ' PETITIONER BRIAN MULENGA MALASHA RESPONDENT Before the Honourable Mrs. Justice M. M. Bah-M_atatj._~p.la Dated this 1 4 th J u ne, 2024. : -~•· . . . •, For the Petitioner: Messrs. Sink:a,nba Legal Practitioners For the Respondent: In Person .. .r • LEGISLATION REFERRED TO: 1. THE MARl<IAGE J\CT CHAP'T'ER 50 OF TI-18 LAWS OF ZAMBIA 2. THE MATRIMONIAL CAUSES ACT NO. 20 OF 2007 OF THR LAWS OF ZAMBIA ' 3. THE MATRIMONIAL CAUSES RULES 1977. 1.0 INTRODUCTION I • 1.1 On 4Lh April 2 0 2 4 Trace Zita Siisii the Pe.titioner h erein filed a Divorce Petition pursu ant to Secti,on 8 and 9(1) (d) of the Matrimonial Causes Act No. 20 of 2007 of the . ·: : :. - Laws of Zambia against the Respondent Brian Mulenga Malasha on the ground that the Petitiqner and the Respondent have lived apart for a continuo~s period of at least Two (2) years immediately preceding the presentation of th e Petitior1. 2. 0 THE PETITION 2 . 1 The Petit.ion showed that the parties were lawfully married . " . on 15th November 2015 at Lusaka Civi~c Centre in the Registrar of Marriage s in the City and. Province of Lusaka in the Republic of Zambia, pursuant to the:Marriage Act .• _i. Chapter 50 of the Laws of Zambia. 2.2 The Petitioner and the Respondent lived together as Husband and Wife at Chilenje Nyatwa ro_aq,_ ift Lusaka in . q ,. ' . the Republic of Zambia . 2 .3 Both the Pe titioner and Respondent are domiciled 1n - Zambia. 2. 4 The Petitioner is a Sales Lady vvhilst the Re spondent is Business man. 2 .5 That there are Two (2) ch.ildren of the f~ily now living namely ; -J2- i Chelsie Bukata Malasha male aged 9 ' years old. ii Zoey Lilato Malasha female aged 4 years old. . . 2.6 The Respondent has one child aged 10 years old born b efore marriage with the Petitioner . ,, • •,~I 2. 7 There are no previous proceedings in the High Court in Zambia with reference to the marriage or property of either party to these proceedings. 2 .8 That there are no proceedings continuing m any Court outside of Zambia in r espect of the said marriage or which were cap a ble of affecting its validity or subsistence. ·i 2.9There are or have been no application under ~ y law for the support or maintenance in respect of the children of the family. ·- 2. 10 That the said marriage has broken down' irretrievably by reason of the fact that the parties have lived apart for a . " ' continua-us period of two years, since 24th March 2022 immediately preceding Lhe filing of this P~Jition and the . Respondent conse11ts to the decree being grant~.1- -J3- period of two (2) years immediately preceding the filing of this Petition. 2.16 In light of the foregoing, it is hereby adjudged tl1at the marriage between the parties herein has broken down irretrievably pursuant to Section 8 and 9(1) (d) of the Matrimonial Causes Act No. 20 of 2007 of the Laws of Zambia. The Petitioner is granted a decree nisi which shall become absolute after the prescribed statutory period of six weeks. 2.17 I refer lhe application for property s ettlem ent and maintenance of the children to the Ho:µourable Deputy Registrar. 3.0 I grant custody of the children of the family to the Petitioner . ~ ,. with reasonable access to the Respondent. I : 4.0 Each party to bear their own cost. 3. 0 I order accord ingly. .. Dated at Lusaka, this 14Lh June , 2 0 24. ~·· REPusuc OF. ZAMBIA . HIGH COURT OF ZAMBIA'. , . • ',' . ••• , ~ OREN 8 COOR!;. D!Jl8f'ON . . - FAMILY 4 CHJL ', / •••• , . • . • . , • • . -JS- ·.