The Supreme Court of appeal has ruled against a High Court ruling by Justice Christopher Dube -Banda which granted Marry Mubaiwa custody of their three children.
The court set aside the ruling citing the case in which Marry is accused of being mentally ill.
Mubaiwa and Vice President Rt Gen Constantino Dominic Nyikadzino Guvheya Chiweng have been embroiled in a custody battle after commencing their messy divorce proceedings.
In his appeal, Chiwenga told the Supreme Court that Mubaiwa cannot get custody of their three minor children after she admitted she was mentally ill and in need of urgent psychiatric treatment.
The matter was heard before a Supreme Court bench led by Deputy Chief Justice Elizabeth Gwaunza alongside Justices Paddington Garwe and Chinembiri Bhunu.
“My Lords and lady the applicant (Chiwenga) is worried that the respondent (Mubaiwa) wants to have the children but she personally submitted a medical affidavit that stated that she was mentally unfit and needed to visit the doctor frequently which may not be prudent under the circumstances.
The doctor concluded that Mubaiwa should be under the care of a physician, a surgeon, and a psychiatrist,” said Chiwenga through his lawyer Advocate Lewis Uriri.
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