Mtshingwe v Moyo (HB 1805 of 2005) [2005] ZWBHC 120 (14 December 2005)

Mtshingwe v Moyo (HB 1805 of 2005) [2005] ZWBHC 120 (14 December 2005)

Where paternity is disputed between two men and cannot be determined by presumption, the court must order scientific blood tests in the best interests of the child, and the party seeking to establish paternity should bear the costs of such tests.

Citation
[2005] ZWBHC 120
Parties
Applicant: Albert Mtshingwe; Respondent: Japhet Moyo
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
14 December 2005
Case Number
HB 1805 of 2005
Procedural Posture
Application / Judgment
Outcome
application granted in part
Legal Topics
Paternity, Custody, Best Interests of the Child, Blood Tests, Costs
Source Language
English
Family Law Child Law Paternity Custody Best Interests of the Child Blood Tests Costs

Case Brief

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Parties

Albert Mtshingwe

Applicant

Japhet Moyo

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the applicant or respondent is the biological father of the minor child Diana
  2. 2 Whether the court can order blood tests to determine paternity
  3. 3 Who should bear the costs of the application and the blood tests

Ratio Decidendi

Where paternity is disputed between two men and cannot be determined by presumption, the court must order scientific blood tests in the best interests of the child, and the party seeking to establish paternity should bear the costs of such tests.

Court Disposition

application granted in part

Orders

  • Applicant, respondent and the minor child Diana are ordered to undergo blood tests to establish paternity.
  • Each party to pay its own legal costs.