Biti’s Defamation Appeal Rejected
High Court Judge Justice Gladys Mhuri has rejected lawyer Tendai Biti’s bid to overturn a default judgment in a defamation case brought against him by Augur Investments. This decision comes after Biti’s previous application for exception in the matter was also dismissed.
Biti sought rescission of the default judgment, naming Augur Investments, its Chief Operations Officer Tatiana Aleshina, CEO Kenneth Raydon Sharpe, and the opposition Movement for Democratic Change Alliance as respondents. Augur Investments is pursuing damages of US$500,000 from Biti, while Sharpe and Aleshina are seeking US$400,000 and US$100,000, respectively.
Additionally, Sharpe has separately accused the opposition party of promoting a malicious agenda based on Biti’s tweets.
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The default judgment was initially issued by High Court Judge Justice Jacob Manzunzu on March 1 the previous year. Biti’s subsequent attempts to challenge this ruling faced setbacks, with his application for leave to appeal to the Supreme Court being dismissed by Justice Manzunzu. Biti withdrew a subsequent application to the Supreme Court and then sought relief under SC 274/23, which Justice Alphas Chitakunye dismissed, directing Biti to apply for rescission of Justice Manzunzu’s default judgment.
In her recent ruling, Justice Mhuri scrutinized Biti’s application for condonation, evaluating factors such as the length and explanation of the delay, prospects of success, and the need for finality in legal matters. Noting that the default judgment was issued in March 2023, and Biti’s application for rescission was filed in June 2023, resulting in a three-month delay, Justice Mhuri deemed the delay excessive and dismissed Biti’s application.
