Journalist and Kukurigo founder Edmund Kudzayi has approached the High Court seeking the rescission of a default judgment that awarded prominent lawyer Fadzayi Mahere US$100,000 in a defamation lawsuit.
The default judgment, handed down on July 10, 2025, arose from case number HC3060/22, in which Mahere claimed damages over allegations made by Kudzayi that she was involved in an extramarital affair with businessman Tinashe Murapata a claim she said damaged her reputation and contributed to the breakdown of Murapata’s marriage.
In his application filed through Gunje Legal Practice, Kudzayi argues that the judgment was granted without due process and asserts that he has a bona fide defense to the defamation claim. He maintains that he was not in wilful default and had been actively participating in the proceedings until procedural irregularities obstructed his right to be heard.
“The matter had previously been struck off the roll for Mahere’s failure to prosecute. Her subsequent representations to reinstate the case were misleading and not properly served,” Kudzayi stated in his affidavit.
He further contends that he was physically present at the High Court on the day of a critical hearing March 24, 2025 but was blocked from entering the courtroom by security personnel. This, he claims, was known to Mahere and her lawyers, and yet the matter was allowed to proceed unopposed.
“My defence was struck out and the matter placed on the unopposed roll without my knowledge or the appropriate legal procedure,” he argued. “No formal application for striking out my defence appears on the consolidated record.”
Kudzayi also took issue with the quantum of damages awarded, calling the US$100,000 figure “unprecedented” in Zimbabwean jurisprudence. He contrasted it with previous awards in similar defamation matters including cases involving Mahere which rarely exceeded US$18,000.
“Even if I am found to have been in wilful default or ultimately lose the case, the judgment must still be rescinded on the grounds that it was erroneously granted,” Kudzayi argued. “No reasonable court would have issued such a disproportionately high award without a full hearing on the merits.”
He further emphasized that the defamation allegations he made were in the public interest and that Mahere’s claims should not have been upheld without allowing for cross-examination and a full defense.
Calling the judgment a product of “deliberate and calculated deception,” Kudzayi warned that letting it stand would undermine confidence in the judicial system.
The matter is pending before the High Court and is yet to be set down for hearing.
