The High Court has dismissed with costs an urgent chamber application by the Nelson Chamisa led MDC-T faction seeking to bar Thokozani Khupe’s camp from using the MDC-T party symbol and name.
Justice Francis Bere dismissed the application this Tuesday, stating that both camps were allowed to use the MDC-T party symbol and name until the constitutional crisis in the party leadership has been resolved.
He said an independent court or arbitrator had the power to nullify a camp from using the parties name depending on its legitimacy.
Addressing journalists after the court case, Khupe`s lawyer, Professor Lovemore Madhuku said the judge ruled that both camps are legally entitled to use the party’s name.
“He ruled in favour of the heads of argument that we raised that until a determination is made on who is the legitimate leader of the party, none of them has the right to bar the other camp to use the party name and symbols,” said Professor Madhuku.
On the 13th of April, Chamisa`s camp through its lawyers filed an urgent chamber application at the Bulawayo High Court, citing Khupe, Abednigo Bhebhe and Obert Gutu as respondents.
In the application, the camp argued that the respondents were unlawfully exploiting and abusing the registered MDC-T trademark, symbols and signs.