BY DESMOND CHINGARANDE
THE High Court has dismissed an application by two Harare businessmen for a stay in proceedings in a case where they face charges of erecting a billboard defaming a property developer in Borrowdale.
Granted Russell and Mark Strathen, who are represented by Tendai Biti, had their application for review dismissed by the High Court.
The matter has been postponed to June 8.
In their previous court appearance, Harare magistrate Shane Kubonera dismissed the duo’s application for exception saying they should stand trial.
The duo filed an application for review of Kubonera’s determination at the High Court.
But Justice Bachi Muzawazi dismissed it, saying she found no reason to interfere with the incomplete proceedings before the primary court.
“However, as a general rule, courts are reluctant to interfere with the un-terminated proceedings of a lower court unless there is a gross miscarriage of justice. In essence, incomplete criminal proceedings are prone to intervention by the upper courts in isolated, but deserving circumstances,” Justice Muzawazi ruled.
“While superior courts play an oversight role over the subordinate courts and judicial bodies by ensuring the necessary checks and balances as earlier stated, to safeguard the interests of justice, they can only interfere with interlocutory proceedings of the lower courts if continuation will result in irreversible gross miscarriage of justice.”
The billboard was allegedly discouraging people from buying land from a developing company in Borrowdale.
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