Usore & Anor v Chigwada & Anor (HC 757 of 2020; HH 483 of 2020) [2020] ZWHHC 483 (23 July 2020)

Usore & Anor v Chigwada & Anor (HC 757 of 2020; HH 483 of 2020) [2020] ZWHHC 483 (23 July 2020)

The application was dismissed because the applicants failed to provide sufficient legal and factual basis for the appointment of joint guardianship, did not detail the circumstances justifying divestment of the natural guardian's rights, and did not establish the necessity or legal foundation for joint guardianship under the applicable law.

Citation
[2020] ZWHHC 483
Parties
Applicant: Chipo Usore; Applicant: Wellington Mubatanhema; Respondent: Samson Chigwada; Respondent: Master of the High Court
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 July 2020
Case Number
HC 757 of 2020 ; HH 483 of 2020
Procedural Posture
Chamber Application for Guardianship / Judgment
Outcome
application dismissed
Legal Topics
Guardianship of Minors, Appointment of Guardian, Best Interests of the Child
Source Language
English
Family Law Child Law Guardianship of Minors Appointment of Guardian Best Interests of the Child

Case Brief

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Parties

Chipo Usore

Applicant

Wellington Mubatanhema

Applicant

Samson Chigwada

Respondent

Master of the High Court

Respondent

Procedural Posture

Chamber Application for Guardianship / Judgment

Legal Issues

  1. 1 Whether the applicants should be appointed joint legal guardians of the minor child
  2. 2 Whether sufficient legal and factual basis exists for divesting the natural guardian of guardianship in favour of third parties

Ratio Decidendi

The application was dismissed because the applicants failed to provide sufficient legal and factual basis for the appointment of joint guardianship, did not detail the circumstances justifying divestment of the natural guardian's rights, and did not establish the necessity or legal foundation for joint guardianship under the applicable law.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • There shall be no order as to costs.