THE High Court has struck off the roll a case involving Vice-President Constantino Chiwenga and his estranged wife Marry Mubaiwa, who are locked in a property dispute following the collapse of their marriage.
High Court judge Justice Owen Tagu removed the case from the roll after noting that the matter was not moving due to several postponements and the non-availability of the defendant and the applicant.
Tagu also said he could not keep holding the record when the case was not progressing.
He said: “I could not, therefore, keep on holding onto the file. Also disturbing is the fact that since February 9 the second defendant has not filed its appearance to defend as well as other pleadings despite being aware that it had been joined as a second defendant in terms of the rules of this honourable court; it was supposed to have done so in terms of the rules of this honourable court.
“The only way to go about this problem is to remove the matter from the roll and parties be given guidelines.”
He also ordered that the registrar be directed to set the matter down for hearing on any available date after new pleadings have been made.
Before the matter was removed from the roll, Mubaiwa’s lawyer Beatrice Mtetwa had submitted heads of argument on an order for a joinder of Chawasarira Family Trust.
“That order obviously requires that there be joinder in terms of the rule where the joined party can then be required to be served with the pleadings filed to date and for the joined party to respond. The joinder in our respectful submission my lord… what now remains is for the court to deal with the practicalities of appointing or of directing how that joinder should be implemented,” Mtetwa submitted at the time.
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“I have discussed these issues with my learned friend and he has suggested that the best way to deal with this will be for heads of argument to be filed for your assistance and if you are agreeable to that cause of action, the question will be when those heads of argument can be filed.”
Chiwenga’s lawyer Advocate Lewis Uriri, however, tore into Mtetwa’s submission for a joinder saying that the rights of children were catered for by their guardians according to the Constitution.
“The second point we make is that children don’t need a curator. They are not without guardians. The law of Zimbabwe provides for their guardians, their guardians are before the court and their interests are covered by their guardians,” Uriri submitted.