MDC wins name dispute case

High Court Judge, Justice Joseph Mafusire, today dismissed with costs a court application filed by David Muzhuzha, a journalist who was suing the MDC over US$400 000 claiming the coinage of the name – Movement for Democratic Change at the inception of the party in 1999.

Muzhuzha a former journalist at The Worker was suing the MDC, Hon. Douglas Mwonzora, the party’s national spokesperson and Toendepi Shonhe, the director general of the MDC for defamation and injuria.

However, the MDC’s lawyers at the end of Muzhuzha’s cross examination, applied for absolution from the instance.

When absolution from the instance is sought at the close of the plaintiff’s case, the suggestion by the defendants is that the plaintiff has failed to make out a prima facie case and wants the judge to make a ruling that the court cannot make a finding.

This absolved the MDC and saved it from calling witnesses to defend the case. In its application for absolution from the instance lodged on October 25, 2013, lawyers for the MDC said the plaintiff had failed to lead evidence that the MDC, Hon. Mwonzora and Shonhe published any statements that referred to him in any article published.

The MDC maintained that the name, Movement for Democratic Change, was suggested in February 1999, at a National Working People’s Forum held at the Women’s Bureau.

It is clear that Muzhuzha was employed by the enemies of the MDC to saddle the party with huge legal costs.

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