MANGOTA J: The respondent who was properly
served in terms of the rules was in default.
The matter was set down for hearing at 2:30pm on this 5 January
2015. The court gave the respondent up
to 3pm in case he would pitch up. He did
not. The matter was, therefore, heard in his absence.
The
applicant withdrew her application in respect of the older of the two children
who are the subject of the application.
It was conceeded that Rutendo Belinda Jembere born on 28 June 1996 was
above 18 years of age and had attained majority status to whom issues of
custody do not apply.
The
applicant prayed that custody of Briana Ruvimbo Jembere born on 8 October 1997
be granted to her in terms of the interim draft order. In the absence of opposition from the
respondent, therefore, the court has no option but to grant the applicant's
prayer as prayed.
It
is, accordingly, ordered that pending the return day of this provisional order
custody of Briana Ruvimbo Jembere born on 8 October 1997 be and is hereby
granted to the applicant.
C.
Chinyama and Partners, applicant's legal
practitioners
