HomeLocalCourt dismisses Mawere/Mtetwa case with costs

Court dismisses Mawere/Mtetwa case with costs

Staff Writer

THE High Court this week dismissed with costs a $10 million defamation lawsuit by businessman Mutumwa Mawere against prominent Harare lawyer Beatrice Mtetwa.



“Verdana, Arial, Helvetica, sans-serif”>The defamation suit arose in 2000 when Mtetwa, who was representing businessman Nigel Chanakira in a criminal case, was quoted in the press as saying Mawere and another businessman Daniel Shumba, had been seen at the Fraud Squad offices talking to senior police officers.


Mawere then contended that Mtetwa’s statement could be understood to mean that Shumba and himself “had improperly exerted pressure on the police officers responsible for investigating a complaint made against the defendant’s client, one Nigel Chanakira”. Chanakira and other business executives were arrested in 2000 on charges of insider-trading on Zimbabwe Stock Exchange shares.


The High Court dismissed the charges after Mawere failed to pursue the case further after the filing of the application.


In January, Mtetwa made a chamber application in the High Court asking the court to dismiss the case since Mawere’s lawyers had failed to file the requisite papers.


“The fact that the respondent has not bothered to advance this litigation is in my respectful view clear evidence of the fact that the respondent has no intention of pursuing this litigation to finality and simply brought it to terrorise me,” she said.


She added: “I am naturally desirous of having this matter concluded without any further delays in light of the fact that the respondent does not share this desire and has virtually done nothing in more than two years.


“I pray that this honourable court dismiss the claim with costs in terms of rule 75 of Order 11 of the rules of the honourable court.”

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