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Supreme Court
Allen Alesksey Gessen v Priscilla Chigariro
SC 80/21
Case Details
Court
Supreme Court
Date
30 June 2021
Citation
SC 80/21
Neutral Citation
[2021] ZWSC 80
Outcome
unknown
Case Type
Condonation
Bench
Presiding
Mathonsi JA
Full Bench
Mathonsi JA
Areas of Law
Family LawInternational Child Abduction
Keywords
Hague Conventionhabitual residencesurrogacy agreementcondonationextension of time
Tags
child abductionHague Conventionsurrogacycustody
legislation
Statutes Cited
- Child Abduction Act
- Supreme Court Rules, 2018
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late noting of appeal and extension of time","issue_type":"procedural","dispositive":"yes","related_facts":"Defective appeal struck off 1 April 2021; application filed 8 days later"}
- {"issue_text":"Whether applicant has reasonable prospects of success on appeal concerning Hague Convention applicability","issue_type":"mixed","dispositive":"no","related_facts":"Surrogacy agreement; respondent’s email; habitual residence finding"}
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background
Facts of the Case
Background
US-national applicant and Zimbabwean respondent had two children via natural birth and surrogacy in Russia. After relationship breakdown, respondent remained in Zimbabwe with the surrogate-born girl while applicant took the boy to the USA. Applicant sought the girl’s return under the Hague Convention; the High Court dismissed the application, finding Russia was not the child’s habitual residence and the Convention inapplicable. Applicant’s first appeal was struck off for defective notice; he now seeks condonation and extension of time to file a fresh appeal.
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