Tawonanhasi v Tshuma and Ors (HB 63 of 2008) [2008] ZWBHC 53 (25 June 2008)

Tawonanhasi v Tshuma and Ors (HB 63 of 2008) [2008] ZWBHC 53 (25 June 2008)

There is no evidence the father is unfit; the mother abandoned the child to extended family. The best interests of the child require custody to revert to the natural parent when available and willing.

Citation
[2008] ZWBHC 53
Parties
Applicant: Eddison Tawonanhasi; Respondent: Rose Tshuma; Respondent: Sithabile Dube; Respondent: Nyenyedzi Mativenga
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
25 June 2008
Case Number
HB 63 of 2008
Procedural Posture
Opposed Court Application / Judgment
Outcome
Application granted
Legal Topics
Custody of Minor, Parental Rights, Best Interests of the Child
Source Language
English
Family Law Child Custody Custody of Minor Parental Rights Best Interests of the Child

Case Brief

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Parties

Eddison Tawonanhasi

Applicant

Rose Tshuma

Respondent

Sithabile Dube

Respondent

Nyenyedzi Mativenga

Respondent

Procedural Posture

Opposed Court Application / Judgment

Legal Issues

  1. 1 Whether custody of the minor child should be granted to the father when the mother is absent and the child is in the care of extended family

Ratio Decidendi

There is no evidence the father is unfit; the mother abandoned the child to extended family. The best interests of the child require custody to revert to the natural parent when available and willing.

Court Disposition

Application granted

Orders

  • Custody of the minor child ET junior born on [date] 2006 is granted to his father, the applicant.