By Princess Eugene Majuru
HARARE — Former Cabinet minister Ignatius Chombo has lost a long-running matrimonial property dispute after the High Court awarded his former wife, Marian Chombo, 45 percent of the value of the rights and benefits attached to the 99-year lease over Allan Grange Farm.
Justice Philipa Phillips ordered that Chombo retain 55 percent of the leasehold value, while Marian Chombo would receive 45 percent, bringing to a close a legal battle that has continued for years following the couple’s divorce.
The ruling, however, does not mean that Marian Chombo has been awarded 45 percent ownership of the land itself. Allan Grange Farm, measuring approximately 3,099 hectares, remains State land. The court dealt with the economic rights arising from the registered lease, which was acquired during the couple’s marriage.
A dispute dating back to the divorce
Chombo and Marian entered into a customary union in 1985 before solemnising their civil marriage in May 1993. Divorce proceedings began in 2009 and were eventually concluded on 31 August 2012 through a consent order.
Most of the couple’s matrimonial property was dealt with through the divorce settlement, but their competing claims over Allan Grange Farm remained unresolved.
The 99-year lease was registered in May 2007 while the couple were still married, and the farm subsequently became the centre of a protracted legal dispute over the extent of each spouse’s rights.
The matter eventually reached the Supreme Court, which confirmed that the underlying land belonged to the State but directed that the parties’ rights in the farm be determined and distributed equitably.
Chombo argued the farm was heavily indebted
During the proceedings, Chombo argued that the farming operation had little or no positive value at the time of the divorce because it was burdened by substantial debts.
He told the court that banks had financed agricultural inputs, machinery, tractors, combine harvesters, irrigation equipment, fuel and labour. He maintained that following the separation he assumed responsibility for a number of the farming liabilities.
Chombo also argued that significant investment would be required to rehabilitate the property and said the farming enterprise had not been a profitable operation during the marriage.
Marian Chombo, however, presented a different account of their involvement in the farm.
Marian argued she helped build and manage the farm Marian told the court that she had played a substantial role in acquiring and developing the farming enterprise and that both spouses had been involved in the application for the property.
She argued that while Chombo spent considerable time in Harare carrying out his government duties, she was involved in the day-to-day running of the farm.
Evidence before the court included farming activities involving crops, poultry, beef and dairy productionThe court found that Marian had made substantial contributions to the farming enterprise and that the parties had effectively operated as farming partners during their marriage.
Why the split was 55–45
Justice Phillips treated an equal division of the leasehold benefits as the starting point, finding that Marian’s contribution justified a 50 percent share.
The court then reduced Marian’s entitlement by five percentage points to take account of liabilities Chombo had carried after the couple separated.
In explaining the approach, the judge observed: “Benefits come with liabilities; we take the good with the bad.”
The final distribution therefore became:
Ignatius Chombo — 55 percent
Marian Chombo — 45 percent
The court’s order concerns the economic value of the leasehold rights, rather than ownership of the State land itself.
Marian to remain at the farmhouse
The judgment also provides for Marian Chombo to remain in occupation of the farmhouse where she has lived since the divorce.
The court directed that when her 45 percent entitlement is demarcated, it must include the farmhouse and the surrounding area. Both parties were ordered to meet their own legal costs.
The ruling represents the latest chapter in a dispute that has passed through the High Court and Supreme Court and has centred not only on the value of Allan Grange Farm, but also on the respective contributions and liabilities of a former married couple.
For Chombo, the outcome leaves him with the larger 55 percent share of the leasehold value. For Marian, the judgment recognises a 45 percent economic interest arising from the farming rights accumulated during the marriage.
News of the South will continue to follow developments surrounding the implementation of the court’s order and the future of Allan Grange Farm.
By Princess Eugene Majuru
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