MDC-A Appeals Harvest House Court Ruling
The MDC Alliance has taken the fight to regain possession of the Morgan Richard Tsvangirai House (MRT House) to the Supreme Court.
This comes after High Court judge David Mangota dismissed two applications filed by the party following a June 4 hostile takeover of the property by the MDC-T led by Thokozani Khupe.
The MDC Alliance has filed a notice of appeal through Mbidzo Muchadehama and Makoni Legal Practitioners, arguing that Mangota grossly erred in failing to grant a spoilation order after it had met the requirements. The application read:
The court a quo seriously misdirected itself on the facts, which misdirection amounts to a mistake of law when it found that the MDC-T was one and the same thing as the MDC and that the headquarters of the MDC-T were MRT House when there was no evidence to support that conclusion.
The court a quo seriously erred and misdirected itself in holding that the mere fact that the MDC-T stated that its headquarters were MRT House meant that the owners of the property had confirmed the right of occupation to the MDC-T, which finding was contrary to the unequivocal position of the owners that it had granted the right of occupation to the MDC Alliance.
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The MDC Alliance had filed two High Court applications for a spoilation order seeking to have occupation by MDC-T declared unlawful and for an interdict barring them from using the facility, but both cases were dismissed with costs.
