MDC Wins Supreme Court Appeal (Full Judgement)

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

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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 Appeal

T. Mpofu for appellant L. Madhuku  for the respondents

Whereupon, after reading the documents filed of record and hearing counsel

It is ordered by consent that:

1. The appeal be and is hereby allowed  with no order as to costs
2. 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.