THE High Court has struck off the roll a case where former MDC T vice president Elias Mudzuri was challenging his recall from the Senate by party president Douglas Mwonzora.
Mudzuri had cited Mwonzora and other senior party leaders Morgan Komichi, Paurina Mupariwa-Gwanyanya and Parliament as respondents respectively.
Mudzuri was expelled from MDC-T on February 6.
The former MDC-T vice president approached the court to stop his recall.
Justice David Mangota struck the matter of the roll.
"All other requirements for an interdict will only be considered after the existence of the right has been established. Where, as in casu, no such right exists. The application for an interdict fails," Mangota ruled.
“The applicant failed to prove, on a balance of probabilities, the existence of any right which he enjoys in the first respondent. The preliminary issues which the respondents raised are not without merit. They are upheld. The application is struck off the roll of urgent matters with costs."
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