Mahere-Gappah legal fight: High Court quashes leave to appeal bid

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By Mary Taruvinga I Senior Reporter

THE legal fight between lawyers Fadzai Mahere and Petina Gappah continues with the High Court recently dismissing an application for leave to appeal by the latter.

Mahere, also opposition Citizens Coalition for Change (CCC) spokesperson, is suing Gappah for US$1 million.

Gappah had wanted the lawsuit struck off the roll for being fatally defective.

But High Court judge Justice Joseph Mafusire ruled that the request was absurd and only meant at frustrating proceedings.

“There is always the chance of an interlocutory appeal falling flat on its face and the matter coming back to court for the resumption of the trial,” said the judge.

“To allow an appeal, metaphorically, ‘at every drop of a hat’ does not bode well for the administration of justice.

“In the circumstances, the application for leave to appeal is hereby dismissed with costs.

“The trial of this matter shall proceed on a date, time and place to be advised in due course.”

Gappah was dragged to court by Mahere after she allegedly tweeted content the latter says damaged her reputation.

Among other things, Gappah alleged that Mahere had illegally enrolled at the University of Zimbabwe as well as at Cambridge university in the United Kingdom.

Gappah also alleged that Mahere had attempted to seduce her boyfriend.

Trial has failed to commence for some time although Gappah, in her notice of opposition, insisted that what she said was true.

Gappah also said she has witnesses and evidence to prove her case.