Story by Fungai Jachi
THE Supreme Court has dismissed the State’s appeal challenging a High Court Order which allowed businessman Justice Mayor Wadyajena to recover his vehicles seized in August 2022 after fraud charges against him and five others were dropped.
The appeal was dismissed before the matter could be heard after the State failed to comply with the Supreme Court Rules.
The appeal was abandoned after the State failed to comply with Rule 55 of the Supreme Court Rules (2018) concerning payment of security costs.
The High Court Order therefore still stands, giving Wadyajena the greenlight to recover a fleet of 23 haulage trucks and high-end cars seized in August 2022.
Charges against the six were dropped last year and the High Court ruled that the trucks had not been held lawfully since September 2022 as the authorities did not apply for an extension to the laid-down maximum of 30 days before the initial 30 days granted in August 2022 ended.
Wadyajena was charged along with COTTCO bosses, including Pious Manamike and Maxmore Njanji.
Justice Tawanda Chitapi of the High Court granted Wadyajena’s application for the release of his fleet.