Xolisani Ncube
Vice President Constantino Chiwenga has appealed against a High Court ruling issued on Friday morning in favour of his estranged wife Marry granting her access to their Borrowdale Brooke mansion.
The VP wants Marry, nee Mubaiwa, nowhere near the family house as well as their children, vehicles and other items.
He quickly lodged an appeal at the Supreme Court hours after High Court judge Justice Christopher Dube-Banda ruled against Chiwenga’s interdict against Marry from accessing the matrimonial home as well as access to their three children.
In the appeal filed by Advocate Lewis Uriri, Chiwenga argued that Justice Dube-Banda who presided over the matter at the lower court erred in his judgement to allow Marry access to the matrimonial home.
Marry had approached the court seeking a spoilation order against the VP for acting unlawfully by barring her from accessing the matrimonial home in Borrowdale Brook.
However, Chiwenga wants the last court of appeals to overturn the ruling against Marry.
“The court a quo erred and misdirected itself in granting more than spoliatory relief. The appellant prays for the following relief: In the result the application is not urgent and is hereby struck off the roll with costs. Or the application is hereby dismissed with costs,” read part of the application filed by Uriri who is being instructed by Wilson Manase of Manase and Manase legal practitioners.
Marry represented by Taona Nyamukara of Mtetwa and Nyambirai Legal Practitioners, had won her bid to go back to the matrimonial home pending dissolution of their marriage.
She also wants to access to the family business premises in Domboshava.
The VP has been using members of the military to bar Marry from accessing the properties but the High Court ruled that it was illegal to do so.
The High Court had also ruled that the VP pays the legal costs incurred by Marry and in the appeal but Chiwenga wants the costs to be paid by the estranged wife.
