By Peter Chivhima
THE Supreme Court has set aside a High Court ruling by Justice Christopher Dube Banda which granted Marry Mubaiwa custody of her three children she had with Vice President, Retired General Constantino Chiwenga.
The Judgment comes after the Vice President, challenged the High Court’s decision handed down on January 24 this year to award custody of the couple’s children to his estranged wife Mubaiwa upon their separation.
The Supreme Court was dealing with three issues that were placed before it for determination. The issues were; access to the matrimonial home, possession of the disputed properties and the custody of the minor children.
Handing down the judgment this Thursday, Justice Chinembiri Bhunu ruled that from the court’s findings, for Marry Mubaiwa to seek custody of her minor children through spoilation proceedings while excluding clear statutory provisions was incompetent and nullity at law.
The Supreme court determined that the High Court judgment granted Mubaiwa an interdict which she had not asked for in respect of her claims hence the Court made an error.
It is the court’s findings that Mubaiwa’s conduct presented an incompetent claim and she did not get appropriate legal advice and representation from her lawyers and as such the matter be dismissed and Justice Dube Banda’s judgment be set aside and struck off the roll with costs.
Marry Mubaiwa has been in and out of the courts facing a myriad of charges which includes allegations of money laundering, solely solemnising a customary marriage between her and the Retired General, and attempting to murder the Vice President when he was in South Africa seeking treatment.