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Harare High Court
Enica Chenga (in her application for guardianship of C. C. C) v Master of the High Court
HH 700-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 700-18
Neutral Citation
[2018] ZWHH 700
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Family LawChild Law
Keywords
guardianshipminorbest interests of the childcurator ad litemprocedural compliance
Tags
guardianshipminor childinternational relocationcurator ad litem
legislation
Statutes Cited
- High Court Rules, 1971 (as amended)
- South African Children’s Act 38 of 2005 (as amended)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can be appointed guardian without compliance with Rule 249 requiring curator ad litem appointment","issue_type":"procedural","dispositive":"yes","related_facts":"Application for guardianship of minor child"}
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background
Facts of the Case
Background
Applicant sought appointment as guardian of her minor niece C.C.C. to enable the child to study in the United Kingdom. The child had been accepted at St Benedict's Catholic School in the UK. The applicant, a UK citizen and cognitive behavioural therapist, claimed the child's mother abandoned the family in 2005 and her whereabouts are unknown. The child's father supported the application.
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