Journalist Edmund Kudzayi has dismissed the recent US$100,000 default judgment entered in favour of Advocate Fadzayi Mahere as procedurally flawed and grounded in what he alleges to be outright perjury.
In a strongly worded statement released on Tuesday, Kudzayi accused Mahere of misleading the High Court by swearing under oath that a pre-trial conference had been applied for when, he claims, the court record proves otherwise.
“The default order in Mahere v Kudzayi rests not on merit but on a single demonstrable falsehood,” Kudzayi stated, arguing that the court case had been twice struck off for inactivity before being revived based on what he called “fabrication.”
He further accused Justice Wamambo, who presided over the case, of judicial misconduct, claiming the judge ignored a DHL-delivered letter warning of the alleged procedural fraud.
“After acknowledging receipt, he remained silent. Staff later told me he claimed not to have read the letter. What sort of judge signs for a document and then professes ignorance of its contents?” he asked.
The explosive statement signals that Kudzayi is preparing to file an urgent application to have the judgment rescinded, invoking the legal doctrine fraus omnia vitiat Latin for “fraud vitiates everything.”
