In the notice of appeal filed on behalf of the MDC Alliance by Mbidzo Muchadehama and Makoni Legal Practitioners, the Nelson Chamisa-led party want Mangota’s judgment set aside.
They argued that Mangota grossly erred in failing to grant the applications when the requirements of a spoliation order had been met.
“The court a quo seriously misdirected itself on the facts, which misdirection amounts to a mistake of law when it found that the MDC-T was one and the same thing as the MDC and that the headquarters of the MDC-T were MRT House when there was no evidence to support that conclusion,” read the application.
“The court a quo seriously erred and misdirected itself in holding that the mere fact that the MDC-T stated that its headquarters were MRT House meant that the owners of the property had confirmed the right of occupation to the MDC-T, which finding was contrary to the unequivocal position of the owners that it had granted the right of occupation to the MDC Alliance.”
The MDC Alliance further argued that Mangota had erred by considering in his judgment that MDC-T had a contract with the owners of the property when no such contract was produced before the court.
They said no such contract existed and that the owners were clear that they had given possession to the MDC Alliance.