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Judgment No. SC 37/18
Civil Appeal No. SC 433/16
rich man, he downplayed this claim and suggested that the family had always enjoyed a lifestyle
of the middle class. The middle class in this country does not spend a paltry $100 per month
to meet the every day basics of two teenage girls, one of whom, as at the date of this judgment,
has just attained the age of majority.
[44]
From all the facts of this case, I am satisfied that the respondent is not a man of straw.
He owns a number of houses in Harare, mostly through trusts established by himself, as well
as a house in Australia. He deliberately decided not to take the court into his confidence and
avoided disclosing his full interest in C & J Accounting and Secretarial Services as well as
Kawasaki Motor cycles. He deliberately said nothing about the considerable assets and income
reflected in a schedule, purportedly prepared by him, which was attached to the appellant’s
answering affidavit in the court a quo. He denies owning some of the properties and motor
vehicles reflected in the appellant’s papers but does not say who does. One can reasonably
infer that the respondent is a man of means, capable of providing, on an interim basis,
reasonable maintenance for his two children. As already noted, the respondent, in his list of
expenses, has appropriated the sum of $350 just for his own food. No doubt he has other costs
in addition to food. These would include cleaning, electricity, maintenance and others. It
seems to me, on a consideration of all the facts, that, at the very least, and pending a final
determination of this matter, the respondent should be made to pay the sum of $300, which he
offered to pay, for each child.
[45]
In the consent order, the parties agreed that maintenance would cease once the two
children attained the age of majority. Whilst that is the factual position, there is little doubt
Select target paragraph3
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