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Prosper Dembedza, Herald Correspondent

The trial of two Borrowdale men who allegedly erected an illegal billboard in Borrowdale denigrating a property development company will finally kick off on August 19 after the Supreme Court dismissed their appeal against a High Court judgment ordering them to proceed to trial.

The appellants Fairclot Investments, its director Grant Russell, Paragon Printing, and its director Mark Strathen had cited Provincial Magistrate Shane Kubonera and the State for dismissing their application for an exception.

The Supreme Court bench consisting of Justice George Chiweshe, Lavender Makoni, and Justice Felistas Chatukuta dismissed the application and ordered them to proceed to trial and face their allegations.

According to the court documents, the land development company advertised a piece of land in Borrowdale inviting prospective buyers to view the property.

It is alleged that on December 10, 2022 the appellants erected a billboard along Borrowdale Road opposite Celebration Centre on the property denigrating the property development company whose land is subject to litigation.

The property developer was offended by the billboard which was meant to discourage members of the public from purchasing the stands it had advertised.

The company pressed charges against the appellants alleging that the contents of the billboard was tantamount to criminal nuisance in terms of a subsection of the Schedule of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

The State alleged that the words on the billboard constituted a nuisance and interfered with the peace and comfort of members of the public who may have wished to purchase the stands arising from the subdivision of that property.

The appellants were then charged with criminal nuisance. They denied the charge and they entered pleas of not guilty and thereafter filed for an exception to the charge. The exception was however dismissed by then Harare magistrate Kubonera.

Aggrieved they approached the High Court which also ordered them to proceed to trial.