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Kudzayi Challenges US$100K Defamation Award To Mahere, Accuses Judge Of Bias

In
a
statement
posted
on
X,
Kudzayi
claimed
the
ruling
in
“Mahere
v
Kudzayi”
was
procedurally
flawed
and
based
on
a
“demonstrable
falsehood.”

He
alleged
that
Mahere
falsely
swore
in
her
condonation
application
that
she
had
applied
for
a
pre-trial
conference
when
the
case
was
struck
off
for
inactivity.

According
to
Kudzayi,
court
records
show
no
such
application,
and
the
required
Rule
49
documents
are
absent,
evidence
he
says
proves
fabrication.
Wrote
Kudzayi:

Mahere’s
misrepresentation
revived
litigation
the
Court
had
twice
struck
off,
leaving
the
ensuing
default
judgment
a
procedural
shell
built
on
perjury.

The
defamation
case
stems
from
a
2022
article
published
on Kukurigo,
a
news
platform
reportedly
run
by
Kudzayi,
which
alleged
Mahere
had
an
extramarital
affair
with
businessman
Tinashe
Murapata.

Mahere
denied
the
claims,
arguing
they
were
defamatory
and
violated
her
privacy.
The
High
Court
awarded
her
damages
after
Kudzayi
failed
to
appear
in
court.

Kudzayi
now
accuses
Justice
Wamambo
of
aiding
Mahere
by
ignoring
a
letter
he
sent
in
March
warning
that
the
proceedings
were
fraudulent.

He
said
the
judge’s
office
signed
for
the
letter
but
later
claimed
not
to
have
read
it.
Said
Kudzayi:

What
sort
of
judge
signs
for
a
document
and
then
professes
ignorance
of
its
contents?
A
shameless
judge
without
honour.

He
further
alleged
that
Mahere
was
allowed
to
bypass
a
mandatory
round-table
meeting
meant
to
define
trial
issues,
another
procedural
lapse
he
says
shielded
her
from
scrutiny.

Kudzayi
has
vowed
to
file
an
urgent
application
for
rescission,
arguing
that
the
judgment
is
void
under
the
legal
principle
“fraus
omnia
vitiat”,
fraud
vitiates
everything.