Mkwananzi alleges Sheriff bungled his ConCourt application, claims he submitted fake returns of service
Activist and one of the leaders of Tajamuka/Sesjkile Promise Mkwananzi has blamed the Sheriff of the High Court for scuttling his case. Mkwananzai had filed an application at the Constitutional Court challenging Mugabe’s fitness to stay in office. However, the case was dismissed by the Constitutional Court on a technicality. The Court ruled that the President was not served with the requisite court papers as they had been served at the wrong address.
Mkwananzi’s lawyer Kudzayi Kadzere has blamed the Sheriff of the High Court, Mcdoff Madhega, for bungling their application saying he served the papers at the wrong address. Kadzere also alleged that Madhega went further and submitted fake returns of service and false service to the courts, in an attempt to prove that they served the papers on the President when he had not.
Speaking to the Daily News Kadzere said:
He was supposed to serve the president at his Munhumutapa office in terms of Rule 9 of the Constitutional Court rules but instead of doing so, filed a return of service showing that service was effected at New Government Complex.
The sheriff is an officer of court and ought to take his duties seriously!
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For him to bungle such an important case, which has never been heard before in our jurisdiction, is unfortunate,
For these reasons, the otherwise meritable application was dismissed
However, Mkwananzi has promised to make another application after 30 days have passed from the dismissal of the case.
More: Daily News