Berly-Lynn Surtee v Mahommed Hassin Surtee

HH-7-2008

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Case Details

Court

Harare High Court

Date

13 February 2008

Citation

HH-7-2008

Neutral Citation

[2008] ZWHH 7

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Makarau JP

Full Bench

Makarau JPMavangira J

Areas of Law

Family LawCivil ProcedureJurisdiction

Keywords

Custody variationJuvenile Court jurisdictionHigh Court orderNullityUpper guardian of minors

Key Issues

{"issue_text":"Did the Juvenile Court have jurisdiction to vary a custody order made by the High Court?","issue_type":"procedural","dispositive":"yes","related_facts":"High Court made original custody order; Juvenile Court attempted variation; consent paper filed in High Court"}
{"issue_text":"Was the trial court’s procedure in determining the merits before rescission irregular and prejudicial?","issue_type":"procedural","dispositive":"no","related_facts":"Trial court decided merits before rescission; no opposing affidavit filed"}
{"issue_text":"Can the High Court, as upper guardian of minors, validate otherwise incompetent proceedings?","issue_type":"legal","dispositive":"no","related_facts":"Counsel urged court to refer matter to oral evidence under parens patriae powers"}

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background

Facts of the Case

Background

The parties, divorced by order of the High Court, had custody of their three children awarded to the respondent under a consent paper. In 2006, the appellant applied to the Juvenile Court to vary custody of the two daughters, citing changed circumstances. A default judgment was entered, later rescinded by the trial court. The appellant appealed, but the High Court found the Juvenile Court lacked jurisdiction to vary its order.

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