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CHIWENGA v MUBAIWA 2020 (1) ZLR 1360 (S)

2020 (1) ZLR p1360

Citation

2020 (1) ZLR 1360 (S)

Case No

Judgment No. S-86-20

Court

Supreme Court, Harare

Judge

Gwaunza DCJ, Garwe JA & Bhunu JA

Heard

16 March 2020

Judgment

25 June 2020

Counsel

L Uriri with W T Manase, for the appellant
S M Hashiti with W Nyamakura & O Mbuyisa, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Court – order – validity – court granting order not sought by party – court not competent to do so

Family law – child – custody – competent court to deal with custody matters – High Court and children's court both competent – primary consideration of court best interest of children

Practice and procedure – application – urgent – order granting application to hear matter on urgent basis – no appeal generally competent against such order

Spoliation – order for – when may be granted – only appropriate in matters involving property – not competent in disputes over custody of children

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