Mathew Masinge, Court Reporter
The High Court has dismissed with costs an application filed by Marry Mubaiwa to execute a spoliation order granted in her favour pending a Supreme Court appeal.
Marry, estranged wife to Vice President Constantino Chiwenga, was seeking leave to execute a judgment by Justice Dube-Banda that allowed her access to the pair’s matrimonial home in Borrowdale and custody of their children.
However, Justice Owen Tagu who was seized with the application noted that with the appeal launched at the Supreme Court it would be impossible for the order to remain operational.
“The application for leave to execute pending appeal is hereby dismissed.
“The order (Spoliation) will not be operational until the matter is finalised.
“The applicant (Marry) is also ordered to pay costs for the suit,” read the judgment.
The Supreme Court last week indicated that Vice President Chiwenga’s challenge will only be heard in March after parties consented to a postponement.
Marry, who is facing attempted murder, fraud, assault and money laundering charges, was recently accused of allegedly assaulting the family’s maid.
She was granted $1 500 bail and ordered to reside at her mother’s lodgings in Glen Lorne.
The change of address by Marry revokes her earlier bail condition which ordered her to reside at her matrimonial home in Borrowdale where the Vice President also resides.
The court noted that the two could not co-exist since there was an attempted murder on the life of the Vice President when he was receiving medical attention in a South African hospital.
Marry is expected back in court this Friday for her routine remand.