Esnath P.M. Jembere v Big Brian Jembere

The applicant sought custody of two children from the respondent. The matter was set down as an urgent chamber application. The respondent was properly served in terms of the rules but failed to appear at the hearing scheduled for 2:30pm on 5 January 2015. The court gave the respondent until 3pm to appear, but he did not attend. During the proceedings, the applicant withdrew her application in respect of the older child, Rutendo Belinda Jembere (born 28 June 1996), as she had attained majority status (being over 18 years of age). The applicant continued to seek custody of the younger child, Briana Ruvimbo Jembere (born 8 October 1997).

• Whether custody of the minor child Briana Ruvimbo Jembere should be granted to the applicant in the absence of opposition from the respondent
• Whether issues of custody apply to a child who has attained majority status (over 18 years of age)

The court ordered that pending the return day of the provisional order, custody of Briana Ruvimbo Jembere (born 8 October 1997) be and is hereby granted to the applicant.

Where a respondent in a custody matter is properly served and fails to appear or oppose the application, the court will grant the applicant's prayer for custody. Custody issues do not apply to children who have attained majority status (18 years of age or older).

The court's observation that it had 'no option' but to grant the order in the absence of opposition suggests a limited discretion when dealing with uncontested custody applications, though the court must still be satisfied that the order is in accordance with the law and the interests of the child.

This case is of limited precedential significance as it is a procedural custody matter dealt with in the respondent's default. However, it confirms the established principle that custody issues do not apply to children who have attained majority status (18 years of age). It also demonstrates the court's approach to urgent custody applications where the respondent fails to oppose despite proper service.