Former Higher and Tertiary Education minister Jonathan Moyo has appealed against a High Court judgement that paved the way for Vice-President Constantino Chiwenga to sue him for alleged defamation.
Moyo, on January 16 this year, was given a 10-day ultimatum by the High Court to defend the $5 million damages claim by Chiwenga after his application for exception to the charges was dismissed with costs.
However, in his notice of appeal, Moyo said he was appealing against Bulawayo High Court judge Justice Thompson Mabhikwa’s ruling on the grounds that he was not the one who heard the case.
He argued that Mabhikwa grossly misdirected himself in handing over judgement in a case heard by another judge.
“The court grossly misdirected itself in rendering judgement inspite and regardless of oral submissions by the parties before Justice Makoni J and the court also erred in affording respondent relief, which he had not sought and on which no submissions had been made by the parties,” reads part of the appeal filed last week.
