Justice Christopher Dube-Banda dismissed Zimbabwe Broadcasting Corporation's eviction application against former employees residing at Hatley House apartments. The broadcaster attempted to remove occupants from 27 Josiah Tongogara Avenue through improper legal procedures. ZBC violated court rules by combining three separate lawsuits filed between 2018 and 2020 without obtaining judicial permission. The corporation targeted different tenant groups but merged contested cases into a single summary judgment request. The judge deemed this consolidation fatally flawed under established procedural standards.
ZBC defended its actions by claiming the merged filing constituted a permissible composite application. The court rejected this argument and refused to allow Rule 7 exceptions to remedy the procedural violation. All defendants successfully demonstrated that unauthorized case consolidation infringed their Rule 34 rights to oppose such mergers. Justice Dube-Banda emphasized that court rules serve essential purposes and cannot be disregarded without consequences. The broadcaster must now pay legal costs and either file individual eviction suits or seek proper consolidation approval through correct channels.
ZBC defended its actions by claiming the merged filing constituted a permissible composite application. The court rejected this argument and refused to allow Rule 7 exceptions to remedy the procedural violation. All defendants successfully demonstrated that unauthorized case consolidation infringed their Rule 34 rights to oppose such mergers. Justice Dube-Banda emphasized that court rules serve essential purposes and cannot be disregarded without consequences. The broadcaster must now pay legal costs and either file individual eviction suits or seek proper consolidation approval through correct channels.
