High Court judge Justice Rodgers Manyangadze has dismissed
Tendai Biti’s urgent court application for review of his dismissed application for referral to the Constitutional court and temporary stay of proceedings at the magistrate’s court.
Biti is facing charges of assaulting an investor Mrs Tatiana Alleshina at the Magistrates Court.
Justice Manyangadze in his ruling stated that perusal of the applicant’s papers shows that the gravamen of the application is that proceedings in the lower court be stayed pending the hearing and determination of the review application.
“It has now been agreed that the review be disposed of on an urgent basis, with timelines that place it before the resumption of trial. Clearly, it is anticipated that the substantive matter will be resolved before trial continues,” he said.
The judge said this development, in his view, renders the ancillary application superfluous and redundant.
“It defeats the argument, strenuously advanced on behalf of the applicant, that the review application will be rendered moot or academic,” said Justice Manyangadze.
He went on saying this implies that a fundamental requirement for the grant of an urgent interdict has not been met.
He added that the requirement, as highlighted in the applicant’s papers, is that irreparable harm will occur if the interdict is not granted.
“The harm being that the relief may be granted after the trial, thus rendering it a brutum fulmen. For reasons already indicated, that contention cannot be upheld,” he said.
The judge further said the very basis on which the application is predicated has fallen away.
He said it is his considered view that the application should fail on this basis alone.
“Other considerations, such as the prospects of success become unnecessary. If anything, they place the judge in a somewhat invidious position, it having been agreed that the same judge shall urgently hear and determine the review application,” he said.
He further stated that it is therefore in the interest of justice that the merits or otherwise of the review matter be determined after they are fully ventilated at the hearing. – Herald