The High Court yesterday dismissed the estranged wife of Vice President Constantino Chiwenga, Marry Mubaiwa's application seeking access to the couple's three children and their Borrowdale matrimonial home.
Justice Judith Mushore handed down the ruling yesterday on behalf of Justice Owen Tagu, indicating that Mubaiwa's arguments lacked weight.
"The application for leave to execute pending appeal is hereby dismissed. The order will not be operational until the case is heard.
"The applicant is also ordered to pay the cost of the suit," said the judge.
Last week, the High Court upheld the appeal made by VP Chiwenga for variation of her bail, particularly that she lives in a different house from the VP and that she surrenders her diplomatic passport.
Justice Pisirayi Kwenda agreed that Mubaiwa should not return to the matrimonial home, which was a condition of her bail in the earlier charges, until all matters before the courts are finalised, since it would be impossible for the couple to co-exist, as VP Chiwenga is the complainant in the attempted murder case.
She was ordered to reside at her parents' home in Glen Lorne.
Mubaiwa, was granted $1 500 bail by the High Court on Friday last week in a case in which she allegedly assaulted the family's maid, Delight Munyoro at Hellenic School in Borrowdale following an altercation over custody of the children a fortnight ago.