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This means that Biti, who is also MDC-T secretary-general, should make a fresh application to validate his appeal.
Justice Misheck Cheda heard the matter with Justices Veranda Ziyambi and Paddington Garwe.
In an interview after the court adjourned, Mr Rodrick Tokwe of the Attorney-General’s Office told The Herald that Biti’s lawyers filed their papers out of time.
“Their (defence) papers are not in order. They have to re-do their papers and make a new application to rectify and validate their notice of appeal before this matter can be heard again,” Mr Tokwe said.
Advocate Lewis Uriri, instructed by Honey and Blanckenberg who represented Biti, also told journalists that the appeal was filed late. “The appeal was filed one day out of time. We will file an urgent chamber application to rectify (the anomaly),” he said. — HR.
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