Journalist Edmund Kudzayi has formally requested the High Court to rescind a default judgment that awarded US$100,000 in damages to top lawyer Fadzayi Mahere in a defamation case.
The case stemmed from allegations by the Kukurigo owner that Mahere was dating a married businessman, Tinashe Murapata which had caused the collapse of his marriage.
Kudzayi argues that the judgment was issued without proper legal procedure, and he claims a bona fide defense against the allegations made by Mahere.
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Kudzayi, through his legal representatives at Gunje Legal Practice in Harare, stated that he was neither in wilful default nor was he given adequate opportunity to present his defense.
The default judgment, which was granted on July 10, 2025, arose from a civil claim filed by Mahere in case number HC3060/22.
The crux of Kudzayi's argument rests on a series of procedural irregularities.
He said the case had previously been struck off the court roll due to Mahere's failure to prosecute, alleging further that her claims regarding the status of the case were misrepresented to the court.
"At all material times, I have been participating in the matter, filing all papers on time, demonstrating my desire to have my defense ventilated and vindicated in open court," Kudzayi stated.
Kudzayi also contends that he was obstructed from attending a crucial hearing due to security restrictions at the High Court, an incident he claims was acknowledged by both Mahere and her legal representatives.
It is his argument that this obstruction led to his defense being struck off without his knowledge or the proper legal foundation.
"My defence was struck out and the matter placed on the unopposed my knowledge, apparently without a formal application (I certainly one on the consolidated record) after a hearing on 24 March 2025 before Hon Justice Wamambo, a hearing I was obstructed from attending by High Court security even though I was in the High Court building.
"The fact that I was obstructed from attending the hearing by security at the High Court is known to the Court and the Defendant and her legal practitioners who, as officers of the Court, would have known that I was not in wilful default and should not have chosen to snatch at a judgment but sought to have the matter heard on the merits.
"Even if the judgment is rescinded and the matter is set back to where it was, I have reasonable grounds for success in the main action," he said.
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In his application, Kudzayi also said that Mahere's claims are not only unfounded but also benefit from an exaggerated damages award.
He draws attention to previous defamation judgments in Zimbabwe, noting that the US$100,000 award is unprecedented and significantly higher than any earlier awards, including Mahere's own cases, where damages did not exceed US$18,000.
He said, "Fraud vitiates everything," highlighting what he describes as misleading representations made by Mahere during the reinstatement process.
"Even if I am found to have been in wilful default or go on to lose the main action, this judgment must still be rescinded on the basis that it was erroneously granted as no court in Zimbabwe would award the quantum of damages awarded to the respondent as it is so extraordinary as to constitute a manifest injustice," he said.
The defamation claim itself revolves around Kudzayi's allegations of Mahere's extramarital affair, which he argues serves the public interest.
His legal team insists that Mahere cannot substantiate her claims without proper cross-examination and that the judgment's value is disproportionate to the alleged damages.
Kudzayi's application for rescission also focuses on the implications of allowing the judgment to stand.
He argues that the case has spiralled into a "deliberate and calculated deception," undermining the integrity of the judicial process.
The matter is yet to be heard.
