Marry Chiwenga (nee Mubaiwa)’s lawyers made a serious blunder of wrongly filing her custody battle for her 3 minor children with Vice President Constantine Chiwenga which prompted the Supreme Court to rule her appeals case as a legal nullity, The Herald reports.
The supreme court ruled that the matter be struck off the roll with costs. 3 Judges, Justice Elizabeth Gwaunza, sitting with Justices Paddington Garwe and Justice Chinembiri Bhunu deliberated on the case and ruled that Marry’s lawyers should have filed her custody case under the Guardianship of Minors Act.
In their ruling the judges said:
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She instead, for no good reason and at the instance of her lawyers, claimed custody of her children under the non-existent and inapplicable law of ‘provisional’ spoliation
Chiwenga and Marry are locked in a nasty divorce that spilt into the papers beginning of this year as Marry was arrested and detained for attempted murder, forgery and externalisation of funds.
More: The Herald