Michael Mandaza v Melinda Amon and The Provincial Magistrate, Chigumba

HH 55-2011

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Case Details

Court

Harare High Court

Date

24 February 2011

Citation

HH 55-2011

Neutral Citation

[2011] ZWHH 55

Outcome

unknown

Case Type

Review

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Family lawCivil procedure

Keywords

child custodyprotection orderreview of magistrate's decisioncustomary marriagevariation of custody order

Key Issues

{"issue_text":"Whether the magistrate was biased in denying applicant legal representation and opportunity to be heard","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's lawyer was ill, postponement refused, no opportunity to address merits"}
{"issue_text":"Whether the magistrate had jurisdiction to vary custody order while appeal was pending","issue_type":"jurisdictional","dispositive":"yes","related_facts":"Appeal CA 417/09 was pending in High Court"}
{"issue_text":"Whether there were changed circumstances warranting variation of custody order","issue_type":"factual","dispositive":"yes","related_facts":"No evidence of changed circumstances presented"}

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background

Facts of the Case

Background

The applicant and first respondent were married under customary law and had a minor child born in 2007. After their marriage dissolution, a protection order granted custody to the first respondent. The applicant successfully varied this order, but while his appeal was pending, the first respondent applied for another variation as a self-actor, which was granted by the second respondent magistrate despite procedural irregularities.

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