Moideen Mahendra Vaghmaria v Darshan Madanlal Vaghmaria & 3 Ors

HB 37-20

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Case Details

Court

Bulawayo High Court

Date

27 February 2020

Citation

HB 37-20

Neutral Citation

[2020] ZWHB 37

Outcome

unknown

Case Type

Application

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Family LawCivil Procedure

Keywords

PaternityDNA TestsPrescriptionBirth CertificateConstitutional Rights

Key Issues

{"issue_text":"Whether the applicant's claim for paternity establishment and DNA testing has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant born 1967, attained majority 1985, application filed 2019"}
{"issue_text":"Whether constitutional rights to family and paternity are subject to prescription","issue_type":"constitutional","dispositive":"no","related_facts":"New constitution enacted 2013"}

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background

Facts of the Case

Background

The applicant, aged 52, sought an order compelling his alleged half-siblings to undergo DNA testing to establish paternity and to register the late Madanlal Prag Vaghmaria as his biological father. The respondents opposed the application on grounds of prescription, arguing the claim arose 34 years ago when the applicant became a major.

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