Chombo escapes jail as High Court dismisses contempt case

Mashonaland West Provincial Affairs Minister and Zanu-PF legislator Marian Chombo has avoided possible imprisonment after the High Court struck down a contempt of court application against her.

Justice Joel Mambara dismissed the bid by Cubs Den Consolidated (Pvt) Ltd, which had sought to have Chombo, businessman Tawoneyi Nyazema, and Stephen Mutamba jailed for allegedly ignoring a court order to vacate leased commercial premises.

In his ruling, Justice Mambara described the application as "fatally defective," finding that the provisional order at the centre of the dispute had never been personally served on the respondents.

"Our courts have long insisted on strict compliance with the personal-service requirement in contempt proceedings. Failure to serve an order affecting liberty personally renders the proceedings defective," the judge said.

He further noted that the Deputy Sheriff had not attempted to enforce the August 22 provisional order authorising eviction, leaving no evidence that Chombo and her co-respondents had wilfully disobeyed the court.

"In fact, the applicants admit that no service took place. Without proof of a breached obligation, no contempt can be found," Justice Mambara added.

As a result, the urgent chamber application, filed by MD Hungwe Attorneys, was struck off the roll with costs. Chombo, who is also the ex-wife of former Finance Minister Ignatius Chombo, was represented by Advocate Zikiti and T. Serengwa of the Civil Division.

The dispute arose over commercial premises leased by Cubs Den Consolidated, which accused Chombo, Nyazema and Mutamba of unlawfully occupying and disrupting its operations. Although the court issued a provisional order in August barring the trio from the property, the failure to serve and enforce that order fatally weakened the contempt case.

The ruling spares Chombo from potential imprisonment and provides relief in what had become a high-stakes legal battle.