The Supreme Court has dismissed an appeal in which two Harare men and their companies were challenging a High Court ruling that they face trial for erecting an illegal billboard denigrating a property developer.
The appellants Fairclot lnvestments and its director Grant Russell as well as Paragon printing and its director Mark Strathen had cited then provincial magistrate Shane Kubonera and the state for dismissing their application for exception.
The Supreme Court bench consisting of Justice George Chiweshe, Lavender Makoni and Justice Felistas Chatukuta dismissed the application and ordered that the case proceeds to trial.
According to court documents, a land developing company advertised a piece of land in Borrowdale inviting prospective buyers to view the property.
It is alleged that the the appellants went on to erect a bill board at the area denigrating the property developing company.
The property developer was offended by the billboard and pressed charges against the appellants citing criminal nuisance under the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The appellants were then charged with criminal nuisance.
According to the State, it was stated that on December 10, 2022 and along Borrowdale Road opposite Celebration Centre. Borrowdale. Harare, Fairclot Investments, represented by Russel in his own capacity and Paragon Printing, represented by Strathem unlawfully and intentionally placed offensive material on a billboard.
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The appellants denied the charges, and they entered pleas of not guilty und thereafter excepted 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.
