Mugabe Exhumation Case Struck Off High Court Roll
High Court has struck off the urgent roll an application by former First Lady Grace Mugabe who is challenging an order by Chinhoyi magistrate Ruth Moyo ordering exhumation of her husband, Robert Mugabe’s remains.
This follows a request by Tinos Manongovere, who initiated the exhumation saga, to be joined in the court proceedings.
The High Court struck the matter off the roll agreeing that Manongovere should be granted an audience in the case since he has always been involved.
Manongovere has since filed an application to be joined in the court proceedings and his request is yet to be heard by the High Court.
This means the case will be adjourned until Manongovere’s request is heard.
In his founding affidavit, Manongovere said,” What totally surprised me is that the applicant (Grace) did not bother to cite me as a party to the proceedings despite the fact that the rules of the court require that I should be cited. I was a party in the magistrate’s court and I deserve to be heard before this honourable court makes a decision which adversely affects me.”
“To my utter shock, even though the proceedings in the community court related to a claim against Moyo by me, Grace deliberately failed to cite me in her application to set aside of chief Zvimbab, Stanely Mhondoro.
Grace early this month filed an urgent chamber application in which she is arguing that the magistrate had no authority to deliver a ruling based on an appeal by her children if she felt they had no legal authority to file the appeal in the first place.
Moyo dismissed the appeal by Mugabe’s firstborn, Bona and her siblings against Chief Zvimba, Stanely Mhondoro saying Grace was the one with legal authority to file the appeal.
In her application, she had cited the magistrate and Chief Zvimba as the respondents.
Grace accused Moyo of being biased.
She also said the proceedings in the community court were nullity on the basis of improper service of summons as it appears in the judgment.
By New Zimbabwe.
