Nelson Chamisa lost 2 court cases at the high court in Harare last week.
Both cases were combined and were heard by one judge and were dismissed. MDC-T was ordered to pay the costs as a. Punishment for filing their papers late.
Judge
Justice Mangota
Applicants Lawyers
Muchadehama
Mhike
Respondents Lawyers
Kadoko
Maremwa
Madhuku
The first case was case numbwebHC 2811/20
Applicants:
MDC Alliance
Charlton Hwende
Godfrey Cotton
Vs
Respondents
Tendai Machekahanzu
Friday Mleya
Paul Gorekore
Douglas Mwonzora
Morgen Komichi
MDC-T
Minister of Home Affairs
Commissioner General of Police
Minister of Defence
The second case was case number HC 2813/20
Applicants
Washington Gaga
Chancellor Nyamande
Kudakwashe Matibiri
Edith Sana Samanyika
David Zvavamwe Shambare
Respondents
Commissioner General of the Police
Commader of the Defence Forces
Friday Mleya
Paul Gorekore
Tendai Muchekahanzu
Key points by the judge:
1. MDC-T was in possession of Harvest House Since its formation in 1999
2. The MDC-T had an agreement with the owners of Harvest House
3. Possession has never been with the people in the building but with the juristic person
4. The applicants focused on physical as opposed to legal possession
5. The applicants failed to realize that the juristic person and not them as individuals possessed the property
6. MDC-T had a lease from 1999 that ended in June 2020
7. None of the Annexures show that the Directors of Harvest House passed a resolution to move legal possession from MDC-T to MDC-Alliance on a specific date.
8. MDC-T was never shown the Annexures, cancellation does not hold
9. MDC Alliance Annexures were date 5 June 2020 and yet MDC-T took over on the night of 4 June 2020 ( Spoilation does not arise)
10. MDC Alliance lied about soldiers and police involvement in the takeover of Harvest house and contradicted themselves.
11. Employees refused to disclose their employer ( Applicants hid information from the court)
12. MDC Alliance came to court with two cases as a fallback measure
13. Neither the police nor soldiers were involved in the spoilation
14. The court recognises MDC Alliance as a juristic person
15. The Peace order issued against MDC Alliance is Law
Ruling
– The two cases were dismissed
Conclusion
– Chamisa lawyers did not do a good job
