The Supreme Court of Zimbabwe has dismissed an application for leave to appeal filed by Tendai Biti, who faces a US$1 million defamation lawsuit brought by Augur Investments’ top executives Kenneth Raydon Sharpe and Tatiana Aleshina.
Biti’s application was dismissed with costs by Justice Alfas Chitakunye, who said it was improperly placed before the court, NewsDay reported. The High Court had already ordered that the trial proceed after Biti objected to the lawsuit but lost by default judgment. Biti then approached the Supreme Court seeking leave to appeal the High Court’s verdict. However, Justice Chitakunye said Biti should have first purged the default judgment he lost at the High Court before approaching the Supreme Court for leave to appeal.
Biti’s appeal comes after his application for exception was dismissed by High Court judge, Justice Jacob Manzunzu in 2021. The trial was due to commence before High Court judge, Justice Tawanda Chitapi, but failed to kick off after the opposition legislator filed an appeal against the High Court’s ruling at the Supreme Court.
Augur Investments is seeking US$500 000 damages from Biti while its chief operations officer, Aleshina is claiming US$100 000. Sharpe wants US$400 000.
Biti is accused of having scandalized the company’s good standing over the Harare Airport Road tender. Augur accuses Biti of making false claims that they were involved in fraudulent transactions and land theft from the City of Harare, portraying them in a bad light.