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Yeukai Karengezeka Court Correspondent
The High Court yesterday dismissed an application filed by Vice President Constantino Chiwenga’s estranged wife Marry Mubaiwa seeking access to their children and the matrimonial home pending the hearing of an appeal filed at the Supreme Court.

VP Chiwenga recently challenged Justice Christopher Dube-Banda’s ruling that gave Mubaiwa the green light to reside at the Borrowdale mansion and have access to the couple’s children and properties pending her trial on attempted murder, fraud, assault and money laundering charges.

The Supreme Court appeal is expected to be heard next month.

Justice Judith Mushore handed down the ruling yesterday on behalf of Justice Owen Tagu indicating that Mubaiwa’s arguments lacked weight.

“The application for leave to execute pending appeal is hereby dismissed. The order will not be operational until the case is heard.

“The applicant is also ordered to pay the cost of the suit,” said the judge.

Last week, the High Court upheld the appeal made by VP Chiwenga for variation of her bail, particularly that she lives in a different house from the VP and that she surrenders her diplomatic passport.

Justice Pisirayi Kwenda agreed that Mubaiwa should not return to the matrimonial home, which was a condition of her bail in the earlier charges, until all matters before the courts are finalised, since it would be impossible for the couple to co-exist, as VP Chiwenga is the complainant in the attempted murder case.

She was ordered to reside at her parents’ home in Glen Lorne.

Mubaiwa, was also granted $1 500 bail by the High Court on Friday last week after she allegedly assaulted the family’s maid Delight Munyoro at Hellenic School in Borrowdale following an altercation over custody of the children a fortnight ago.