High Court refuses to hear Varakashi4ED leader’s divorce case, says Canadian Court has jurisdiction

📅 Published: August 15, 2025

📰 Source: newzimbabwe

Curated by AllZimNews.com

Motsi had argued that her husband could not pursue a parallel divorce action in Zimbabwe while a similar case was pending before “another court of competent jurisdiction” in Canada.

The judge agreed, stressing that this is correct to prevent duplication and conflicting rulings. “If an action is already pending between parties… it is open to the Defendant to take the objection of lis pendens… whereupon the court in its discretion may stay the second action pending the decision of the first,” she said.

Musara’s lawyer had urged the court to use its inherent jurisdiction to hear the case, arguing that his client was being denied access to the couple’s minor children.

But Justice Maxwell said those rights must be enforced in the Canadian proceedings. “That there is an access order being defied is not for these proceedings,” she ruled. “Plaintiff is legally represented and should be advised on what steps to take to enforce his rights granted by an order of Court. ” The judge also noted that Musara was seeking to have custody of the children awarded to Motsi, making it “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 is unnecessarily dragging the process… there should be ways in which he can have that matter dismissed by the Canadian Court… Once that is done, he can then properly approach this Court. ” The special plea was upheld, effectively halting the Zimbabwe proceedings. 🔗

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