Serial litigants rile judges

Daniel Nemukuyu Senior Court Reporter—

TWO serial litigants, Mr Wilbert Munonyara and Mr Ignatius Masamba, who were slapped with decrees of perpetual silence, unrepentantly continue to rile judges as more frivolous cases continue to clog the judicial system.The duo was separately slapped with orders for perpetual silence after the court found that their frivolous and vexatious suits were flooding the judicial system.

This week, Justice Edith Mushore had no kind words for Mr Munonyara who came to court seeking to recover his Marlborough property in Harare that was sold in execution over a loan that was owing to CBZ Bank Limited.

Mr Munonyara has over 47 cases pending before the courts in desperate attempts to recover his property.

He invited the wrath of the court when he baselessly opposed an application by the bank to be allowed to file its response to his summons.

CBZ Bank, through its lawyer Mr Chenjerai Daitai of Magwaliba and Kwirira law firm had convincingly told the court that the summons did not reach the bank as they were served at the reception at a complex that houses three other companies.

Without any basis, Munonyara told the court that the bank’s lawyer could be lying to the court and that the bar must not be lifted. Justice Mushore interjected and asked Munonyara the basis for his allegation but he mumbled until he admitted that his claims were unsubstantiated.

“You were issued with an order for perpetual silence because you had become a nuisance in court. Even now, you are proving to be a nuisance. Who do you think you are? There are senior legal practitioners here listening to your nonsense.

“You have been clogging our system and wasting precious time that other serious litigants could have utilised with over 47 frivolous cases. Counsel (CBZ’s lawyer), may you please compile a list of all the 47 cases and bring it to me,” said the incensed Justice Mushore.

In a separate case, Justice Nicholas Mathonsi described Munonyara as a hyper-litigious person who has given a headache to many judges.

“Literally every Judge in the Civil Division of this court has, at one point or another come across one or other of the applicant’s applications, none of which has been successful, but still not succeeding in showing applicant the light.

“The applicant is indeed a busy bodied litigant who will not accept the outcome of the due process of law,” said Justice Mathonsi.

Irked by Munonyara’s behaviour in another case, Justice Francis Bere had this to say: “Given the ease with which the applicant has found himself in and out of this court on diverse occasions, on basically the same issue thereby subjecting the first respondent to unnecessary costs, it is inevitable that the applicant be ordered to pay costs on a higher scale”.

Masamba, who has sued various individuals and organisations over rentals and other issues related to his sister’s flat that he is managing, last week was in court with two cases in which he was suing the Zimbabwe Electricity Transmission and Distribution Company as well as the Zimbabwe School Examinations Council.

He was also issued with an order for perpetual silence, but last week Justice Lavender Makoni had a tough time dealing with his two cases.

ZIMSEC was being sued for $2,6 million for what he termed “professional negligence for mental suffering” and “defamation libel” emanating from poor Ordinary Level results obtained by his son.

ZETDC was sued over an alleged inflated electricity bill.

The two claims were dismissed but Masamba had come back to court seeking to resuscitate the matters.

Justice Makoni threw out the applications and blasted Masamba for abusing the court process.