In the matter between:
Movement for Democratic Change (Appellant)
and
Thokozani Khupe (1st Respondent)
Obert Gutu (2nd Respondent)
Abednico Bhebhe (3rd Respondent)
Harare: Tuesday, 22 May 2018
Before: the honourable Mr. Justice Garwe, Judge of Appeal
the Honourable Mrs Justice Gowora, Judge of Appeal
and the Honourable Mrs Justice Guvava, Judge of AppealT. Mpofu for appellant
L. Madhuku for the respondentsWhereupon, after reading the documents filed of record and hearing counsel
It is ordered by consent that:
- The appeal be and is hereby allowed with no order as to costs
- The judgment of the court a quo be is hereby set aside and in its place the following is substituted:-
(i) The application of this matter to be dealt with on an urgent basis is granted
(ii) In view of the material disputes of fact afflicting the application, it is ordered that the application be referred to trial for the resolution of the following disputes:
(a) Whether or not there are two MDC-T parties
(b) If not, whether the respondents are entitled to use of the name, symbol, logo and trademarks of the MDC-T
(iii) The chamber application filed in this matter shall stand as the summons and the notice of opposition as the appearance to defend.
MDC Wins Supreme Court Appeal (Full Judgement)
I do not see how MDC has ‘won’ the case. The import of the decision is simply that there is still need to resolve the dispute in a long drawn out trial where evidence will be led, witnesses led and get cross examined. This will take time to conclude and will most likely mean the election may be held before the MDC actually ‘wins’ the case. So really, in view of the impending election, the MDC has lost. As far as the Courts are concerned, there is noone yet between the two factions who has a clear legal mandate to use the name MDC in the elections.
The statement reads: “The chamber application filed in this matter shall stand as the ‘SUMMONS’ and the notice of opposition as the ‘APPEARANCE’ to defend.” And the statement continues; “It is ordered that the application be referred to’TRIAL’ for the resolution” … whether “the respondents are entitled to use the name, symbol, logo and trademarks of the MDC-T. In short The Supreme Court of Zimbabwe has referred the case between Nelson Chamisa and Thokozani Khupe to the High Court to be decide’d. so they are dragging each other to court, meanwhile Mr. ZIMBABWE IS OPEN FOR BUSINESS’ is busy campaigning. Aah!
I see no big deal in this. The name is meaningless to me. Advising your members to vote for your party should not be a problem, unless if this is strategically being put across to confuse them. Meanwhile, the country is Burning whilst we are celebrating the “win” in the use of the late Tsvangirai for our selfish need.I rest my case.
A FRAGMENTED Aliance is very dangerous Chamisa should RESOLVE the KHUPE issue in-house the small axe can chop the tree down an ant can kill an elephant people should advise Chamisa such technicalities may not turn out in his favour
Let sleeping dogs lay