Jonathan Moyo, Chiwenga court battle in new twist

Jonathan Moyo, Chiwenga court battle in new twist
Published: 10 February 2019 (353 Views)
Former Higher and Tertiary Education minister Jonathan Moyo has appealed against a High Court judgement that paved the way for Vice-President Constantino Chiwenga to sue him for alleged defamation.

Moyo, on January 16 this year, was given a 10-day ultimatum by the High Court to defend the $5 million damages claim by Chiwenga after his application for exception to the charges was dismissed with costs.

However, in his notice of appeal, Moyo said he was appealing against Bulawayo High Court judge Justice Thompson Mabhikwa's ruling on the grounds that he was not the one who heard the case.

He argued that Mabhikwa grossly misdirected himself in handing over judgement in a case heard by another judge.

"The court grossly misdirected itself in rendering judgement inspite and regardless of oral submissions by the parties before Justice Makoni J and the court also erred in affording respondent relief, which he had not sought and on which no submissions had been made by the parties," reads part of the appeal filed last week.

"The courta a quo erred at any rate in finding that the declaration discloses a valid cause of action and is otherwise not vague and embarrassing"

The former minister, who was forced into exile during the 2017 military coup that toppled former president Robert Mugabe, wants his appeal to be granted with costs and for Mabhikwa's judgement to be set aside.

Chiwenga sued Moyo after the former Zanu-PF strategist issued a statement in July 2017 where he insinuated that the army commander at the time did not write the thesis for his doctorate degree from the University of KwaZulu-Natal in South Africa.

He suggested that someone wrote the thesis on Chiwenga's behalf.

Moyo, through his lawyers, filed an exception application, saying the retired general's declaration had not disclosed any cause of action.

He said the words he was complaining about were not defamatory in any way and could, under no circumstances, be damaging to his reputation.

However, Justice Mabhikwa ruled that Chiwenga's claim against Moyo was precise.

"It is this court's finding that anyone reading these documents [defendant's papers included] cannot claim to be disillusioned as to what damages are claimed," read part of the judgement.

"The claim is for defamation damages clearly as opposed to adultery damages, damages for loss of earnings or any other damages.

"The terminology used need not necessarily always be 'defamation damage."

- the standard

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Bev bashed again

by Staff reporter | 24 April 2019 | 5 Views

Man beats ex wife for sex

by Staff reporter | 24 April 2019 | 9 Views

ZCTU leaders not guilty

by newzimbabwe | 24 April 2019 | 22 Views

Kaondera 'unconscious' after twin brother's death

by ZimLive | 24 April 2019 | 28 Views

VP Chiwenga threatens businesses

by Methusi Ncube | 24 April 2019 | 30 Views

Mnangagwa's double agent gives CIOs Jonathan Moyo's document

by Mandla Ndlovu | 24 April 2019 | 30 Views

Harare tap water to be restored as chemicals arrive

by Mandla Ndlovu | 24 April 2019 | 26 Views

PHOTOS: Zimbabwe and Mozambique bridges bult after Cyclone Idai

by Mandla Ndlovu | 24 April 2019 | 25 Views

Dabengwa's photo on wheelchair explained

by Mandla Ndlovu | 24 April 2019 | 23 Views

How Mugabe, Chamisa fell for Jonathan Moyo's scheming

by Elijah Chihota | 24 April 2019 | 19 Views

Chamisa to unleash a fresh wave of demonstrations

by Mandla Ndlovu | 24 April 2019 | 26 Views

MDC to gobble $3 m on congress amid huge debts

by Christopher Makaza | 24 April 2019 | 15 Views

Water crisis in Harare exposes MDC inadequacies

by Prosperity Mzila | 24 April 2019 | 16 Views

Chamisa nominations, a case of false assurance ahead of congress

by Claver Nyuki | 24 April 2019 | 18 Views

Mwonzora removed from remand

by Staff reporter | 24 April 2019 | 25 Views

Matabeleland Collective battles to shrug off Zanu-PF links

by Staff reporter | 24 April 2019 | 26 Views

Chamisa to stand uncontested at congress

by Staff reporter | 24 April 2019 | 24 Views

Mnangagwa still deciding on Tsvangirai memorial

by Staff reporter | 24 April 2019 | 22 Views

MDC slams Mnangagwa for blasphemy

by Staff reporter | 24 April 2019 | 25 Views

Chamisa target crooks surrounding Mnangagwa

by Staff reporter | 24 April 2019 | 27 Views

Mnangagwa embraces Chamisa as he fears army plots

by Mandla Ndlovu | 24 April 2019 | 279 Views

Let's discuss no insults please

by Mbonisi Solomon Gumbo | 24 April 2019 | 114 Views

Dabengwa in India for medical attention

by Iphithule Maphosa | 24 April 2019 | 97 Views

MDC Alliance splashes $3m on congress

by Staff reporter | 24 April 2019 | 100 Views

Zesa to install cameras on transformers

by Staff reporter | 24 April 2019 | 79 Views

Dembare is sinking and very fast

by Memory Mucherahowa | 24 April 2019 | 82 Views

Man fatally stabs father

by Staff reporter | 24 April 2019 | 95 Views

58 people killed over Independence and Easter holidays

by Staff reporter | 24 April 2019 | 75 Views

Jilted man strangles ex-lover to death

by Staff reporter | 24 April 2019 | 85 Views

Mum flushes baby down the toilet

by Staff reporter | 24 April 2019 | 73 Views

19 injured in Luveve Road pile-up

by Staff reporter | 24 April 2019 | 61 Views

Greyhound bus burns. . .34 passengers, crew escape unharmed

by Staff reporter | 24 April 2019 | 82 Views

Ndiraya takes over at Dembare

by Staff reporter | 24 April 2019 | 81 Views

Zimbabweans find it hard to survive in the English culture

by Dr Masimba Mavaza | 24 April 2019 | 82 Views

Highlander's worst start

by Staff reporter | 24 April 2019 | 62 Views

Two war veterans die

by Staff reporter | 24 April 2019 | 97 Views