Keni Mubaiwa v Arthur Mubaiwa and Registrar General of Births and Deaths

Key Issues

• {"issue_text":"Whether applicant adopted wrong procedure by invoking section 27(4) of the Births and Deaths Registration Act for civil proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant based application on s 27(4) which refers to criminal proceedings"}
• {"issue_text":"Whether false information was deliberately given to Registrar leading to registration of applicant as father","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's name appears as informant; DNA proves non-paternity; registration coincided with paternity claim"}
• {"issue_text":"Whether applicant has clear right to prohibit first respondent from using surname \"Mubaiwa\"","issue_type":"law","dispositive":"no","related_facts":"Surname registered under mistaken paternity belief; many unrelated people use same surname"}

Background