Fidelis Munyoro Chief Court Reporter
A Harare man has been barred from suing anyone else after the High Court ruled he was “a vexatious litigant” who has clogged the judicial system with a litany of groundless litigation.
Billed as extremely litigious, Ignatius Masamba has instituted over 26 cases in the High Court. All his pleadings would be foul and full of incomprehensible verbiage.
The ruling by Justice Joseph Martin Mafusire means Masamba now cannot start legal proceedings without first seeking the courts’ consent.
This comes after City of Harare approached the court seeking a decree of perpetual silence against Masamba over several lawsuits.
Justice Mafusire issued a decree of perpetual silence against Masamba in respect of his agency, management, occupation or interest of whatever kind in the property known as Number 4 Residell Court, 56 Selous Avenue, Harare.
“Ignatius Masamba, either personally or through, or on behalf of any other person, is hereby interdicted and restrained from instituting or prosecuting in this court, any action, application, suit or proceedings of whatever nature in connection with whatever interest he may have in the property aforesaid without the leave of this court first being applied for and obtained, and in which application he shall demonstrate sufficient mental capacity to do so,” said Justice Mafusire.
“The Registrar of this court shall not issue out any process commencing action, or set down any matter already filed or commenced by, for, on behalf of, or at the best of Ignatius Masamba in connection with that property, without the leave of this court first being applied for and obtained.
“Any application for the leave of this court as directed above shall be made on notice to all interested persons.”
Apart from this case and several others against City of Harare, Masamba has also sued several other people, bodies, including estate agents.
The suits against estate agents have all been about alleged mismanagement of the flat. A residents’ association at the apartment block too has been hit by several suits for one fault or another.
The ZETDC had its own share of suits for allegedly inflating power bills to Masamba’s flat. He has also sued the Judicial Service Commission, accusing it of employing incompetent magistrates.
This was after a magistrate had dismissed his claims against the City of Harare in respect of the flat.
To Masamba, that was an unforgivable sin.
Masamba’s suits have almost always been thrown out for lack of substance or coherence, but would respond by filing documents with scurrilous gibberish.
He would blast the JSC for allegedly employing incompetent judges that pander to whims of political parties.
Masamba’s reaction to unfavourable judgments had been to write scurrilous letters of complaint to individual judges, copying to all manner of administrative authority, like the Judge President Justice George Chiweshe, the Chief Justice Justice Godfrey Chidyausiku and the Secretary for the JSC.
Sometimes judges had advised Masamba to seek legal assistance in formulating and prosecuting his claims, but this had been snubbed with disdain.
However, in his nine-page judgment, Justice Mafusire noted that Masamba had exhibited extreme abnormalities of behaviour.
“For example, in one suit he features with his son, both suing Zimbabwe Schools Examination Council,” said Justice Mafusire.
“But it was all his doing. The son was just a convenient front. He never came to court. The claim was plainly weird. It was for a staggering $1,4 million allegedly damages for poor results obtained by the son in the Ordinary and Advanced Levels.”
The judge said courts of justice were open to all. He alluded to Section 69(3) of the Constitution that gives every person the right to access the courts.
“But this right is not absolute. In exceptional cases, the courts will draw the line,” he said.
“They will shut their doors. They have inherent power to prevent an abuse of their process.
“They have inherent powers to protect their integrity.”
He said frivolous, vexatious or incessant lawsuits that churn out pesky bills of costs, abuse of judicial officers and contempt of court are some of the intolerable infractions that may lead the courts to shut their doors.