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Supreme Court dismisses Tendai Biti appeal in US$1 million case
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The Supreme Court has dismissed lawyer and former Finance Minister Tendai Biti's appeal against a High Court ruling that denied his application for condonation in a US$1 million defamation case filed by Augur Investments' top executives.
The High Court had previously granted a default judgment against Biti and ordered the commencement of trial. Seeking to overturn this ruling, Biti approached the Supreme Court, which has now dismissed his appeal.
In his application, Biti had cited Augur Investments, its chief operations officer Tatiana Aleshina, and businessman Kenneth Raydon Sharpe as respondents. The lawsuit stems from Biti's alleged remarks branding Sharpe as one of the most corrupt individuals exploiting Zimbabwe's resources.
Augur Investments is seeking US$500,000 in damages, while Aleshina is claiming US$100,000, and Sharpe is demanding US$400,000.
Last year, High Court judge Justice Gladys Mhuri ruled against Biti, finding his explanation for the late filing of heads of argument unsatisfactory.
"In casu, the judgment in question was pronounced on 1 March 2023. This application was filed in June 2023. This was a three-month delay. This delay, in my view and contrary to the applicant's submission, is inordinate," Mhuri stated.
The judge further noted that Biti's rationale for the delay - pursuing applications in the Supreme Court and awaiting reasons for the striking off of his second application - was not a valid justification.
"I find the applicant's explanation to be totally unsatisfactory. It is trite that a default judgment is not appealable," Mhuri ruled.
Mhuri also pointed out that, as a senior legal professional, Biti should have been aware of the proper legal recourse available to him.
"It is also not in dispute that the applicant is a seasoned practising legal practitioner," the judge remarked. "He, therefore, knew that a default judgment is not appealable but chose not to seek rescission and approached the Supreme Court.
"Even before the Supreme Court, he was represented by legal practitioners of good standing who should have known better."
With the Supreme Court's ruling, the defamation case against Biti is now set to proceed to trial.
The High Court had previously granted a default judgment against Biti and ordered the commencement of trial. Seeking to overturn this ruling, Biti approached the Supreme Court, which has now dismissed his appeal.
In his application, Biti had cited Augur Investments, its chief operations officer Tatiana Aleshina, and businessman Kenneth Raydon Sharpe as respondents. The lawsuit stems from Biti's alleged remarks branding Sharpe as one of the most corrupt individuals exploiting Zimbabwe's resources.
Augur Investments is seeking US$500,000 in damages, while Aleshina is claiming US$100,000, and Sharpe is demanding US$400,000.
Last year, High Court judge Justice Gladys Mhuri ruled against Biti, finding his explanation for the late filing of heads of argument unsatisfactory.
"In casu, the judgment in question was pronounced on 1 March 2023. This application was filed in June 2023. This was a three-month delay. This delay, in my view and contrary to the applicant's submission, is inordinate," Mhuri stated.
"I find the applicant's explanation to be totally unsatisfactory. It is trite that a default judgment is not appealable," Mhuri ruled.
Mhuri also pointed out that, as a senior legal professional, Biti should have been aware of the proper legal recourse available to him.
"It is also not in dispute that the applicant is a seasoned practising legal practitioner," the judge remarked. "He, therefore, knew that a default judgment is not appealable but chose not to seek rescission and approached the Supreme Court.
"Even before the Supreme Court, he was represented by legal practitioners of good standing who should have known better."
With the Supreme Court's ruling, the defamation case against Biti is now set to proceed to trial.
Source - newsday
