Fungai Lupande Senior Court Reporter
The High Court yesterday reserved judgment in the case in which Norton legislator Mr Temba Mliswa wants the court to dismiss Zanu-PF Chivi North MP Killer Zivhu’s defamation case against him for want of prosecution.
Zivhu is fighting to have reversal of judgment after the High Court dismissed his $1 million defamation case against Mliswa.
Mliswa opposed the application for rescission of judgment in which Zivhu delayed in filling his heads of argument and also filed an application for dismissal of an application for want of prosecution. Mliswa’s lawyer Mr Ignatius Goto submitted that the main application for rescission of judgment is hopeless and meritless.
“Respondents does not enjoy prospects of success in the main application. They failed to show the nature and extent of the prejudice he is going to suffer if the application is granted,” said Mr Goto.
“The delay was unreasonable. They were aware of the set down date of the matter, did not attend and chose to complain later.” “The issues they are raining now were to be raised at the special plea.” In response Zivhu’s lawyer Mr Paul Machiridza said they delayed filling court papers due to electricity load shedding.
“The delay is of eight days and cannot be inordinate. The application for dismissal of application for want of prosecution is overtaken by events because the application for rescission of judgment is now pending,” said Mr Machiridza.
“Judgement against my client was irregular and erroneous. The matter was set down out of time and after pleading to the merits.”
Justice Dube-Banda who presided over the matter will make a determination of the application for dismissal of an application for want of prosecution.
The suit arose from Mr Mliswa’s alledged sustained denigration of Cde Zivhu using his social media platforms from 25 April last year.