By Staff Reporter
The High Court has rejected a divorce application filed by Jonas Musara, the leader of Zanu-PF’s online group Varakashi 4ED, against his estranged wife, Winnet Paidamoyo Motsi, who currently resides in Canada. The court ruled that it does not have jurisdiction over the matter as it is already being addressed by a Canadian court.
Musara, who is undergoing a bitter separation from Motsi, had filed the case locally, despite the ongoing proceedings in Canada.
Justice Fatima Maxwell ruled in favor of Motsi’s special plea, stating, “This court will withhold its jurisdiction until the Canadian case is resolved,” and emphasized the risk of “conflicting judgments” which would undermine justice and judicial cooperation between the two countries.
The judge further explained that the principle of actor forum rei — which grants jurisdiction to the court in the defendant’s domicile — applied in this case, as Motsi is living in Canada.
Motsi argued that Musara should not be allowed to pursue a parallel divorce case in Zimbabwe while similar proceedings were already underway in Canada.
Justice Maxwell agreed, noting that pursuing both cases simultaneously could lead to duplicative efforts and conflicting rulings.
The judge also pointed out that if a case is already pending, the defendant can raise the objection of lis pendens, which could prompt the court to stay the second action until the first case is decided.
Musara’s legal team had argued that the court should intervene due to his claimed lack of access to the couple’s minor children. However, Justice Maxwell stated that any such matters should be addressed in the Canadian legal proceedings.
“The issue of access is not relevant to these proceedings,” she ruled. “The plaintiff is legally represented and should be guided on how to enforce his rights through the Canadian courts.”
The judge also noted that Musara had sought custody of the children, suggesting that the Canadian court would be better suited to resolve the issues of child maintenance and custody.
In closing, Justice Maxwell advised Musara that if Motsi was unnecessarily prolonging the legal process, he could request a dismissal of the case in Canada. Once that matter is settled, he would then be able to approach the Zimbabwean court for further assistance.
