VICE President Kembo Mohadi has withdrawn an application
for the dismissal of his ex-wife Tambudzani Muleya’s application for review of
a ruling by a magistrate who dealt with the VP’s application for a protection
order.
Muleya had accused the magistrate of bungling legal
procedures, after the court official ruled in Mohadi’s favour.
Mohadi had approached the High Court seeking to have the
application dismissed, claiming Tambudzani had failed to have it prosecuted
within a reasonable time.
Muleya’s lawyers from Scanlen & Holderness have written
to Mohadi’s lawyers Mugiya & Muvhami, stating that the matter had been
resolved through another High Court case between the parties.
“We note the following: the matter-application for
dismissal for want of prosecution relates to a matter in which parties filed a
consent order before Musithu J,” the lawyers said, adding that there seemed to
be no need to proceed with Mohadi’s application in light of the developments.
“This matter was set down for hearing on the 24th day of
February 2020 before Justice Chirawu Mugomba. We write therefore to advise that
on the set down we shall apply that the matter be withdrawn as the main
application held under HC 9929/18 has been determined. The application is now
academic,” Mohadi’s lawyers said.
Mohadi and his wife divorced in March last year, after a
long legal battle, which also saw the two going to court on several occasions.
Following Muleya’s application, Mohadi went to court claiming
the matter should have been set down for hearing within a month.
“On October 29, 2018, the respondent made an application
for review under section 27(1) of the High Court Act, as read with Order 33 of
the High Court Rules 1971 … on November 1, 2018, I filed my notice of
opposition, which was served on the respondent on November 2, 2018, clearly
highlighting that the respondent’s issues were baseless and seriously without
merit.
“The respondent was supposed to file an answering affidavit
or set the matter down for hearing within a month and the respondent up to
date, has refused, failed and/or neglected to do that and it is against this
background that I make this application for dismissal for want of prosecution,”
he said. Daily News
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