Mathew Masinge, Court Reporter
High Court Judge Christopher Dube-Banda yesterday reserved his judgment in the custody battle between Acting President Constantino Chiwenga and estranged wife, Marry Mubaiwa.
The two are embroiled in a developing divorce case which has led to the civil fight over their three minor children.
In exchanges between the high profile pair, the acting President ruled out possibilities of him ever moving back with the former model downplaying chances of an out of court settlement.
Yesterday, Marry through her lawyer, advocate Taona Nyamakura filed an urgent chamber application for spoliation (unlawful deprivation of a party’s right of possession).
Marry was applying to have access to their children, allowed to move back in their Borrowdale Brooke residence among other benefits tagged to her former status.
Commenting after the urgent chamber hearing, Advocate Nyamakura said the matter was now properly sub-judice.
“The matter is now sub-judice, I can’t comment further. We will only wait for the court’s decision,” he said.
The acting President’s lawyer, Wilson Manase, who is instructing Advocate Lewis Uriri said they had a strong case against his counterpart.
“We argued our case very well but the judge at the end of the day decided to reserve his judgment.
“The major issues which they (Marry) brought before the court include them wanting an order for spoliation which basically covered issues to do with the children and the house where she thought she could still live in.
“However, the honourable acting President resides there and there are bail conditions which prohibits her from interfering with witnesses.
“Again the National Prosecution Authority (NPA) has already filed an application to amend the bail ruling of Justice Phiri,” he said.
He said both camps also discussed about the pair’s property.
“Mind you there is an attempted murder charge to which the accused is believed to have interfered with life of the acting President, so they can’t live together.
“There were other issues to do with the property as the subject of the legal aspect, so we just await to hear the decision of the judge when its ready,” he said.
Meanwhile, the NPA yesterday also applied to have Marry surrender all her three passports after it emerged that she was untruthful to the State when she was granted bail.
Marry, through her lawyer Beatrice Mtetwa went on to ask for some time to file her response.
This comes after State was informed of a second diplomatic passport expiring on December 11 this year and an ordinary passport expiring on February 21, 2022.
Marry is on remand for attempted murder, fraud, and money laundering.