Lawyers representing Jamal Ahmed, the Lebanese businessman whose properties were allegedly grabbed by First Lady Grace Mugabe after a fallout over a $1,4 million diamond ring, has now taken the matter to the Supreme Court. Mtetwa and Nyambirai, Ahmed’s lawyers have appealed at the Supreme challenging High Court Judge President Justice George Chiweshe’s ruling to deny Ahmed access to his properties. The lawyers argue that Chiweshe had no power to overturn his subordinate’s judgment and that he erred in law in his ruling.
Part of the court papers read:
The learned Judge President (Justice Chiweshe) erred in law and in fact in finding that under rule 449 (10(a) of the High Court Rules, he had the jurisdiction to set aside the final spoliation order granted by Phiri J on December 21, 2016.
The learned Judge President erred in law and in fact to find that the only remedy available to the respondents was to appeal the spoliation order to the Supreme Court and also erred in law and in fact in holding mero motu (of one’s accord) that the order of Phiri J had been erroneously sought and erroneously granted and further, in failing to refer the matter to Phiri J to determine whether he had been misled.
The lawyers want Grace and her son, Russell Goreraza, to vacate all the properties they had seized from Ahmed.