Rodger Sibanda v Casenge Thandiwe Sibanda

HB 188/21

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Case Details

Court

Bulawayo High Court

Date

30 September 2021

Citation

HB 188/21

Neutral Citation

[2021] ZWHB 188

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Family LawCivil Procedure

Keywords

Maintenance orderProvisional orderSchool transferBest interests of children

Key Issues

{"issue_text":"Whether the provisional order sought is competent at law when it seeks final relief","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks orders to transfer children and stop maintenance complaint"}
{"issue_text":"Whether the court can interdict lawful proceedings in another court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks to stop respondent from reporting to Provincial Magistrate"}

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background

Facts of the Case

Background

The applicant and respondent are married with two minor children aged 6 and 7. The respondent has custody and instituted maintenance proceedings. A magistrate ordered the applicant to pay maintenance and school fees. The respondent transferred the children from Usher Primary School to Riverside Stimulation Centre, claiming the children were unhappy at boarding school. The applicant filed this urgent application seeking orders to return the children to Usher Primary and to stop the respondent from reporting him for maintenance default.

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