Matengambiri v Dongo (HC 10944 of 2018; HH 57 of 2021) [2021] ZWHHC 57 (10 February 2021)

The respondent's repeated and persistent litigation over the same subject matter, despite knowing he has no legitimate claim, constitutes an abuse of court process. The court has inherent power to protect its integrity and the applicant from vexatious litigation by granting a decree of perpetual silence.

Citation: [2021] ZWHHC 57
Parties: Applicant: Amos Edington Matengambiri; Respondent: Newton Elliot Dongo
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 10 February 2021
Case Number: HC 10944 of 2018 ; HH 57 of 2021
Procedural Posture: Opposed Application / Judgment
Outcome: Application granted
Legal Topics: Vexatious Litigation, Decree of Perpetual Silence, Abuse of Court Process
Source Language: English

Civil Procedure Vexatious Litigation Decree of Perpetual Silence Abuse of Court Process

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Parties

Amos Edington Matengambiri

Applicant

Newton Elliot Dongo

Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

1 Whether the respondent should be barred from instituting further litigation against the applicant due to vexatious and persistent litigation.
2 Whether the court has inherent power to grant a decree of perpetual silence.

Ratio Decidendi

Court Disposition

Application granted

Orders

Respondent is ordered to maintain perpetual silence against the applicant and is barred from instituting any litigation, claim, application, or action against the applicant.
Respondent shall pay the applicant’s costs of suit on a legal practitioner and client scale.