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Harare High Court
Teresiah Mkudu v Ruvimbo Manyonda and Estate Late Lazarus Mkudu and Registrar General of Births and Deaths N.O and Master of the High Court N.O
HH 262-25
Case Details
Court
Harare High Court
Date
17 April 2025
Citation
HH 262-25
Neutral Citation
[2025] ZWHH 262
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Administrative lawBirth registrationEstate law
Keywords
birth certificatere-registrationout of wedlocklegitimationdeceased father
Tags
birth registrationre-registrationlegitimationestate benefits
legislation
Statutes Cited
- High Court Act
- Births and Deaths Registration Act
- Births and Deaths Registration Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Registrar could lawfully re-register a birth to add a deceased father's name under section 12(2)(c) of the Births and Deaths Registration Act","issue_type":"law","dispositive":"yes","related_facts":"Re-registration occurred 20 years after father's death; father never acknowledged paternity"}
- {"issue_text":"Whether the concept of legitimation applies to children born out of wedlock under Zimbabwean law","issue_type":"law","dispositive":"yes","related_facts":"Re-registration purported to legitimate the first respondent"}
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background
Facts of the Case
Background
The applicant challenged the validity of a birth certificate re-registered in 2020 showing the first respondent as a child of the applicant's deceased father. The re-registration was done purportedly for legitimation purposes under section 12(2)(c) of the Births and Deaths Registration Act, more than 30 years after the father's death and initial registration of the first respondent's birth.
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