By Correspondent

The High Court has ordered a division of the value of the 99-year lease over Allan Grange Farm awarding 55 percent to Dr Ignatius Chombo and 45 percent to his former wife, Marian Chombo.

Justice Phillipa Phillips ruled that although the 3 099-hectare farm remains State property, the economic rights and benefits attached to the registered lease constituted a matrimonial asset capable of division.

The lease was registered in 2007 during the couple’s marriage, which began under customary law in 1985 before their civil marriage in 1993.

The dispute returned to the High Court after the Supreme Court directed it to determine the value of the spouses’ interests in the lease and distribute them equitably.

Dr Ignatius Chombo, represented by Advocate Anesu Bangidza of Manase and Manase Legal Practitioners, argued that the farming operation had been heavily burdened by debt.

The debt was incurred to finance machinery, irrigation, seed, fuel, labour and other agricultural requirements.

He said he assumed responsibility for various liabilities after the divorce.

Chombo maintained that the lease had little or no net value because of the debts attached to the farming operation.

Variations in Distribution

However, Justice Phillips found that the existence of liabilities did not, by itself, eliminate the value of the leasehold rights.

The judge said Dr Chombo had failed to provide sufficient financial records, loan agreements, bank statements and valuations to establish the extent to which the liabilities affected the lease’s value.

Marian Chombo was initially entitled to an equal share.

However, the court reduced her allocation by five percentage points to account for liabilities borne by Dr Chombo after the separation.

“Benefits come with liabilities, we take the good with the bad,” Justice Phillips said.

The ruling therefore gives Dr Chombo 55 percent and Marian Chombo 45 percent of the value of the leasehold rights, rather than ownership of the underlying State land.