Mashonaland West Provincial Affairs Minister and Zanu PF legislator Marian Chombo has been spared jail after the High Court struck down a contempt of court application against her.

Justice Joel Mambara struck down the bid by Cubs Den Consolidated (Pvt) Ltd, which sought to have Chombo, the former wife of ex-Finance Minister Ignatius Chombo, together with businessman Tawoneyi Nyazema and Stephen Mutamba jailed for allegedly defying a court order to vacate leased commercial premises.

The judge ruled the application "fatally defective," finding that the provisional order central to the dispute was never personally served on the respondents.

"Our courts have long insisted on strict compliance with the personal-service requirement in contempt proceedings," Justice Mambara said. "Failure to serve an order affecting liberty personally renders the proceedings defective."

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The court further noted that the Deputy Sheriff had not attempted to enforce the August 22 provisional order authorising eviction, meaning there was no evidence that Chombo and her co-respondents wilfully defied the court.

"In fact, the applicants admit that no service took place," the judge said. "Without proof of a breached obligation, no contempt can be found."

The urgent chamber application, filed by MD Hungwe Attorneys, was therefore struck off the roll with costs.

Chombo, who is also a Member of Parliament, was represented by Advocate Zikiti and T. Serengwa of the Civil Division.

The case stemmed from a dispute over commercial premises leased by Cubs Den Consolidated, which accused Chombo, Nyazema, and Mutamba of unlawfully occupying and interfering with its operations. Although the court issued a provisional order in August barring the trio from the property, the failure to serve and enforce that order ultimately undermined the contempt case.

The ruling comes as a relief for Chombo, who had faced the possibility of imprisonment if found guilty.