HARARE – In a landmark ruling on Monday, the ConCourt struck off the roll an appeal by businessman Farai Matsika against a Supreme Court ruling in a battle for control of Croco Motors.
The bench, chaired by Chief Justice Luke Malaba, found no cause of action against the respondent and ordered the application be dismissed with no order as to costs.
Last year, the Supreme Court declined his appeal for lack of jurisdiction. Matsika has been at loggerheads with his cousin Moses Chingwena over the ownership of Croco Holdings.
The ConCourt struck off Matsika’s application on the basis that it was legally defective to hear his matter when the full Supreme Court ruling was not yet available.
The matter was struck off the roll with the consent of both parties.
This ruling has also drawn mixed reactions, with some saying it is a victory for Chingwena, while others feel that it denies Matsika his day in court.
In a statement following the ruling, Matsika expressed disappointment but said he respected the court’s decision.
“I remain committed to pursuing justice and will continue to fight for what is rightfully mine,” he said.
Justice Chinembiri Bhunu had previously ruled that Matsika had failed to support his claim of ownership of Croco Holdings.
Last year, Supreme Court judges Justices Elizabeth Gwaunza, Joseph Musakwa, and Hlekani Mwayera declined jurisdiction, prompting Matsika to file a ConCourt appeal.
The previous Supreme Court hearing had ruled that Matsika had tried to illegally wrest ownership of Croco Holdings from its rightful owner, Chingwena.