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Harare High Court
Alice Magodora v Blessing Moses Nduna
HH 181-23
Case Details
Court
Harare High Court
Date
9 March 2023
Citation
HH 181-23
Neutral Citation
[2023] ZWHH 181
Outcome
unknown
Case Type
Appeal
Bench
Presiding
TSANGA J
Full Bench
TSANGA JMAXWELL J
Areas of Law
Family LawChild Law
Keywords
accesspaternityDNA testbest interests of childnon-custodial parent
Tags
child custodyaccess rightspaternity disputegrandparents rights
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the lower court erred in granting access without requiring DNA paternity test","issue_type":"mixed","dispositive":"no","related_facts":"Paternity disputed, birth certificate shows only mother, respondent admits intercourse"}
- {"issue_text":"Whether supervised access should have been ordered given lack of existing bond","issue_type":"law","dispositive":"no","related_facts":"Child had no relationship with father, child entering adolescence"}
- {"issue_text":"Whether the lower court failed to interview the minor child as required by s 81 of Constitution","issue_type":"procedural","dispositive":"no","related_facts":"Probation officer report available, child not directly interviewed"}
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background
Facts of the Case
Background
The appellant, a maternal grandparent with de facto custody of a minor child, appealed against a lower court order granting the respondent (biological father) access to the child. The appellant disputed paternity and sought a DNA test before access could be granted.
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