Ephial Stanley Tafadzwa Dewa v Irene Chanakira

HH 335-23

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Case Details

Court

Harare High Court

Date

31 May 2023

Citation

HH 335-23

Neutral Citation

[2023] ZWHH 335

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Tsanga J

Full Bench

Tsanga JMusithu J

Areas of Law

Family LawChild CustodyGuardianship

Keywords

custodyminor childnatural parentthird partyprobation officerbest interests of child

Key Issues

{"issue_text":"Whether a surviving parent should be deprived of custody of their minor child","issue_type":"mixed","dispositive":"yes","related_facts":"Father is employed; child is young female; grandmother currently has custody"}
{"issue_text":"Whether the age and gender of a child and work commitments of a parent are sufficient grounds to deny custody","issue_type":"law","dispositive":"yes","related_facts":"Child is two-year-old female; father works; grandmother available"}
{"issue_text":"Whether a grandparent can be preferred over a biological parent for custody without findings of parental unsuitability","issue_type":"law","dispositive":"yes","related_facts":"No adverse findings against father; probation officer recommended father"}

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background

Facts of the Case

Background

Appellant sought custody of his minor child after the child's mother (his late wife) died. The child had been living with the maternal grandmother (respondent) since the mother left the matrimonial home shortly before her death. The Magistrate's Court granted custody to the grandmother, citing the child's young age and gender, and the father's work commitments.

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