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Harare High Court
Estate Late Elias Jonathan Kanengoni and Sarah S. Kanengoni v Farai Manyika and Registrar General of Births and Deaths and Master of the High Court N.O
HH 160-17
Case Details
Court
Harare High Court
Date
9 March 2017
Citation
HH 160-17
Neutral Citation
[2017] ZWHH 160
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Family lawAdministrative lawEstate law
Keywords
Birth certificateLegitimationRe-registrationPaternityOut of wedlock
Tags
Birth registrationPaternityEstate administrationChildren's rights
legislation
Statutes Cited
- Births and Deaths Act [Chapter 5:02]
- Births and Deaths Act [Chapter 5:02]
- Births and Deaths Act [Chapter 5:02]
- High Court Act [Chapter 7:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a birth certificate can be re-registered for legitimation purposes when the alleged father is deceased and no marriage occurred","issue_type":"legal","dispositive":"yes","related_facts":"Child born out of wedlock, father deceased, no subsequent marriage"}
- {"issue_text":"Whether the Registrar followed proper procedures under the Births and Deaths Act","issue_type":"procedural","dispositive":"yes","related_facts":"Re-registration conducted under s12, reason stated as legitimation"}
- {"issue_text":"Whether the applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Estate wound up, executor's authority"}
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background
Facts of the Case
Background
The applicants challenged the re-registration of a minor child's birth certificate to include the deceased's name as father, alleging the process was irregular and unlawful. The child was initially registered without paternal details, but after the alleged father's death, the mother re-registered the birth claiming "legitimation" with assistance from the deceased's cousin.
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