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Daniel Nemukuyu Senior Court Reporter—

FORMER CBZ Bank manager Mr Claudious Mapedzamombe, who has been fighting to reclaim a house he lost to a city businesswoman over a debt 20 years ago, was last week declared a “vexatious litigant”.He risks being locked up for six weeks in prison if he files any court challenge without the approval of the High Court.

Mr Mapedzamombe joined the league of the highly litigious duo of Mr Ignatius Masamba and Mr Wilbert Munonyara.

The pair clogged the judicial system with “frivolous” applications.

Justice Edith Mushore said Mr Mapedzamombe has to meet some stringent conditions, including payment of all legal costs in several failed cases, for his matters to be accepted by the High Court.

In a bid to reclaim his Mt Pleasant property, Mr Mapedzamombe reportedly filed more than 18 suits at the High Court.

He also made several approaches to the Supreme Court and magistrates’ courts without any joy.

Mr Mapedzamombe must deposit with the Clerk of the High Court security for costs to the tune of $3 000 for every fresh case that he wishes to file.

“It is ordered that the applicant is prohibited from filing any process of the court in any other matter without paying all outstanding costs in relation to HH124/14, HC9176/15, HC9836/15, SC80/15, HC9747/15 together with the costs of this application.

“In the event that applicant has paid the costs in the matters mentioned above, and thereafter if he wishes to file process or processes in any other matter, he shall not do so without:

1. Leave of the court having been granted first, and

2. Security for costs having been paid in the amount of $3 000.”

In the event that Mr Mapedzamombe approaches the court directly without fulfilling the above set conditions, he faces imprisonment plus a fine of $1 000.

“In the event that applicant files any court processes in defiance of this order, then he shall be deemed to be automatically in contempt of this court, and a writ for this civil imprisonment will become due for immediate issuance by the Registrar of the High Court for six weeks imprisonment coupled with a fine of US$1 000,” ruled Justice Mushore.

She condemned Mr Mapedzamombe as a vexatious litigant.

“Applicant is hereby declared to be a vexatious litigant and the Registrar is hereby ordered and directed to notify all his functionaries through a memo within 48 hours of this order notifying all officials that applicant has been declared to be a vexatious litigant,” the court ruled.

In compliance with the court order, the Registrar of the High Court Mrs Faith Mushure has communicated the message to all her staff at the High Court in Harare, Bulawayo and Masvingo.

Last year Mr Mapedzamombe invited the wrath of another judge, Justice Nicholas Mathonsi, in one of his several challenges.

Justice Mathonsi described him as someone who was now taking filing suits as a pastime.

“It was a display of a never-say-die attitude that may still rank as a record in this country’s legal history only that perhaps no one has ever bothered to document,” he said.

Justice Mathonsi slapped Mr Mapedzamombe with an order for punitive legal costs as a way of expressing the court’s displeasure with his conduct.

“I agree that this is a case calling for punitive costs to be granted against the plaintiff as a seal of the court’s displeasure at such flagrant abuse of its process,” he said. “The defendants have been tied up in footing court proceedings with no chance in the world for success by a persistent and unrepentant litigant with nothing else to do, who appears to take litigation as his favourite pastime,” he said.