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High Court dismisses Zanu-PF activist's divorce bid
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The High Court has dismissed a divorce application filed by Zanu-PF online activist and leader of the Varakashi4ED movement, Jonas Musara, ruling that Zimbabwean courts have no jurisdiction over the matter since it is already before a Canadian court.
Musara is embroiled in a bitter separation from his wife, Winnet Paidamoyo Motsi, who is based in Canada.
Justice Fatima Maxwell upheld a special plea raised by Motsi, finding that the principle of forum rei - which gives jurisdiction to the court where the defendant resides - applied in this case.
"The Zimbabwean courts cannot assume jurisdiction simply because the Plaintiff is domiciled or resident in Zimbabwe," Justice Maxwell ruled. "This court will withhold its jurisdiction until the matter in Canada is finalised."
She warned that entertaining Musara's application risked "conflicting judgments, which is contrary to the principles of justice and judicial comity."
Motsi had argued that her estranged husband could not initiate parallel divorce proceedings in Zimbabwe while a similar case was already pending before a competent Canadian court. The judge agreed, noting that the doctrine of lis pendens prevents duplication of cases between the same parties.
Musara's lawyer had urged the court to use its inherent jurisdiction to hear the case, claiming his client was being denied access to the couple's minor children. But Justice Maxwell ruled that such matters fell within the Canadian proceedings.
"That there is an access order being defied is not for these proceedings. Plaintiff is legally represented and should be advised on what steps to take to enforce his rights granted by an order of Court," she said.
The judge also observed that since Musara wanted custody of the children to be awarded to Motsi, it was "more appropriate for the Canadian Court to deal with the issue of the maintenance of the minor children."
Dismissing the case, Justice Maxwell advised Musara that if Motsi was unnecessarily delaying the process in Canada, he should seek remedies in that jurisdiction.
The ruling effectively halts the divorce proceedings in Zimbabwe, leaving the case to be determined in Canada.
Musara is embroiled in a bitter separation from his wife, Winnet Paidamoyo Motsi, who is based in Canada.
Justice Fatima Maxwell upheld a special plea raised by Motsi, finding that the principle of forum rei - which gives jurisdiction to the court where the defendant resides - applied in this case.
"The Zimbabwean courts cannot assume jurisdiction simply because the Plaintiff is domiciled or resident in Zimbabwe," Justice Maxwell ruled. "This court will withhold its jurisdiction until the matter in Canada is finalised."
She warned that entertaining Musara's application risked "conflicting judgments, which is contrary to the principles of justice and judicial comity."
Musara's lawyer had urged the court to use its inherent jurisdiction to hear the case, claiming his client was being denied access to the couple's minor children. But Justice Maxwell ruled that such matters fell within the Canadian proceedings.
"That there is an access order being defied is not for these proceedings. Plaintiff is legally represented and should be advised on what steps to take to enforce his rights granted by an order of Court," she said.
The judge also observed that since Musara wanted custody of the children to be awarded to Motsi, it was "more appropriate for the Canadian Court to deal with the issue of the maintenance of the minor children."
Dismissing the case, Justice Maxwell advised Musara that if Motsi was unnecessarily delaying the process in Canada, he should seek remedies in that jurisdiction.
The ruling effectively halts the divorce proceedings in Zimbabwe, leaving the case to be determined in Canada.
Source - NewZimbabwe
