PROMINENT gospel musician Sabastian Magacha, whose wife Nomsah recently petitioned the High Court to terminate their six-year marriage, has agreed to the nullification of their union by signing a consent paper to avoid a contested divorce.
BY CHARLES LAITON
Sabastian Magacha and wife Nomsah in happier times
Sometime last month, Nomsah petitioned the High Court seeking an order to cancel the marriage, claiming she had lost love and affection for the musician and that the union was beyond restoration.
Magacha did not oppose the application and the matter is set to be finalised today.
“Whereas, Nomsah Tatenda Magacha (nee Ndikunwe) and Sabastian Magacha were married to each other in terms of the Marriage Act (Chapter 5:11) on May 25, 2012 at Harare and the marriage still subsists, and whereas, the plaintiff (Nomsah) has instituted proceedings against the defendant(Magacha) in the High Court of Zimbabwe claiming a decree of divorce, and whereas the defendant has no intention of opposing the plaintiff’s claim for a decree of divorce, now therefore, the terms of the agreement are recorded as follows: a decree of divorce on the grounds of irretrievable breakdown of the marriage is hereby agreed to be granted by this honourable court,” Magacha said in the consent paper.
He said during the subsistence of the marriage, the couple did not acquire any valuable property and as such no property sharing issues were raised.
Magacha and his wife are said to have initially separated for a year before Nomsah, through her lawyers Madotsa and Partners, filed for divorce this year.
In her declaration, Nomsah said the basis for her decision was that she had lost love for the musician to such an extent that divorce was inevitable.
“The marriage between plaintiff and defendant has irretrievably broken down to such an extent that it can no longer be restored to a normal marriage relationship. In particular, the parties have not been living together as husband and wife for one year now and consequently, have lost love and affection for each other,” Nomsah said.
The couple had no children.