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Prosper Dembedza
Herald Correspondent
Lawyer and politician Tendai Biti, has been accused of playing delaying tactics in his defence of a defamation suit by seeking one postponement after another.
The legislator is being sued for US$1 million for allegedly defaming local businessman Mr Kenneth Raydon Sharpe and his subordinate Ms Tatiana Aleshina.
Appearing before High Court judge Justice Tawanda Chitapi for the civil trial process yesterday, Biti’s lawyer Professor Lovemore Madhuku asked for a postponement saying Mr Biti’s camp was still waiting for a determination of their appeal at the High Court for an application for leave to appeal at the Supreme Court.
This comes after Mr Biti’s leave to appeal at the Supreme Court was dismissed by the bench because the application was improperly before the court.
The High Court had ordered that the civil trial proceed after Mr Biti objected to the lawsuit, but lost that application by a default judgment.
However, Advocate Thembinkosi Magwaliba appearing for Mr Sharpe and Ms Aleshina, opposed the latest application for postponement.
Advocate Magwaliba argued that the court was being held to ransom by Mr Biti, who has been asking for several postponements.
Rules of the court are not supposed to be taken advantage of and used to frustrate the other party, Adv Magwaliba said.
“It is clear the application constitutes an obstruction to the proceedings. It is filed for the purpose of obtaining postponement, and this application is for defeating the commencement of the trial,” he said.
“They knew the proceedings at Supreme Court were dismissed and they did nothing; they just want to defeat the commencement of these proceedings. I submit my Lord that the defendant cannot escape the costs and that justice is being held at ransom by the defendant.”
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