Farai Matsika is running out of legal options after the Supreme Court rejected a series of applications for condonation of a late appeal, postponement, for a larger appeal bench and for Constitutional Court referral.
In the civil case over ownership of Croco Motors, the High Court had originally ruled that Matsika had used fabricated documents in order to win a 30 percent share of the company.
He decided to appeal but handed in his papers to the Supreme Court late, and the court refused to entertain him, implying that the earlier judgement stood.
The tussle between Chingwena and Matsika started in 2015 after the latter decided to leave Croco Motors, arguing that he felt crowded in decision-making as Chingwena had hired new senior executives for the company
Matsika in November last year approached the Supreme Court to have his late filing of papers condoned but Justice Chinembiri Bhunu who heard the case found no grounds for condonation, instead noting the lack of honest on Matsika’s part.
He did not give up and appealed that decision. Deputy Chief Justice Elizabeth Gwaunza, Justice Joseph Musakwa and Justice Hlekani Mwayera heard the appeal.
The first snag for Matsika was when lawyers representing Croco Motors raised a point on jurisdiction of the court in such a case and there was a unanimous agreement that the court had no jurisdiction over a judgement of the Supreme Court, leading to the appeal being thrown out.
After his appeal for condonation over filing his papers late was thrown out by Justice Bhunu, Chingwena and his co-respondents had opposed Matsika’s papers, arguing that he was never a shareholder of Croco Motors, challenging him to prove otherwise.
Matsika then filed two conflicting CR2 forms. The High Court had found that his application was founded on material falsehoods based on fraudulent documents.
Both the shareholder’s agreement and share transfer documents were adjudged to be fraudulent. Matsika had continued to rely on copies of the documents and failed to produce originals, leading to Justice Owen Tagu failing to remove the allegation of fraud.
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