Marry Mubaiwa, the estranged wife of Vice President Constantino Chiwenga has won her High Court appeal for custody of the couple’s three minor children and access to the matrimonial home.
But her joy was short-lived after the Vice President filed a notice of appeal at the Supreme Court, challenging the lower court’s decision.
The filing of a notice of appeal effectively suspends the court ruling until the determination of the appeal.
Justice Christopher Dube-Banda ordered that the custody of children be restored to Mubaiwa and barred the Vice President from interfering with her access to the Borrowdale Brooke house.
Mubaiwa had sought the intervention of the High Court after the children were taken from her and she barred from the matrimonial home following the couple’s fallout.
“The respondent is hereby ordered to restore the custody of the minor children, namely Tendai Dominique Chiwenga (born 4 November 2011), Christian Tawanazororo Chiwenga (born 15 November 2012) and Michael Alexander Chiwenga (born 13 February 2014) to the custody of the applicant within 24 hours of this order,” ruled Justice Dube-Banda.
“The respondent is hereby ordered and restrained from interfering with applicant’s access to use and enjoyment of the property known as 614 Nick Price Drive, Borrowdale Brooke, Borrowdale, Harare.”
VP Chiwenga was also restrained from blocking Mubaiwa from accessing the vehicles.
However, the VP filed a notice of appeal, outlining errors he says the High Court made in the matter.
He argued that the High Court erred in not finding that where an applicant for spoliation order alleges more than unlawful possession and adverts to the merits of her possession the matter goes outside the purview of urgency.
“Urgency in these circumstances must be established on the basis of the ordinary rules relating to urgency,” read the notice of appeal filed at the superior court, hours after the ruling.