Yeukai Mauto nee Karenda v Respect Kudzai Mauto and The Master of High Court N.O and Philemon Mutukwa N.O

Key Issues

• {"issue_text":"Whether the matter is res judicata following the quashing of the first respondent's criminal conviction.","issue_type":"procedural","dispositive":"no","related_facts":"Criminal proceedings in HCHCR 6043/23 were quashed; first respondent regained custody."}
• {"issue_text":"Whether there are material disputes of fact that cannot be resolved on the papers.","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over abuse allegations and payment of expenses."}
• {"issue_text":"Whether the application is irregular due to the absence of a curator ad litem report.","issue_type":"procedural","dispositive":"no","related_facts":"Appointment of curator ad litem and filing of report."}
• {"issue_text":"Whether the applicant has established a case for sole custody and guardianship.","issue_type":"law","dispositive":"no (obiter)","related_facts":"Allegations of abuse, best interests of the child, applicant's relocation."}

Background