The applicant herein (Matambanadzo), standing on a ZANU-PF ticket in the harmonised elections held on 31 July, 2013 for the Kwekwe Central Constituency, beat the respondent herein (Chebundo} who was standing on an MDC-T ticket.
Aggrieved by the electoral outcome, Chebundo filed an electoral petition under cover of case number E. C 34/13 seeking the following relief:
"1. lt is declared that Respondent was not duly elected as a member of the House of
Assembly for Kwekwe Central Constituency in the Harmonised Elections of 2013;
2. The parliamentary seat for Kwekwe Central Constituency be and is hereby declared to be vacant.
3. That the Zimbabwe Electoral Commission set a date for the election within 10 days of this order.
4. The costs of this Petition be borne by Respondent."
The petition was set down for hearing on 2 December, 2013 but Matambanadzo was in default consequent upon which a default judgment was granted against him. On 4 December, 2013 Matambanadzo filed two applications, viz for rescission of the default judgment alluded to supra under cover of case number E.C 35/13 and an urgent chamber application under cover of case number E.C 36/13 seeking stay of the execution of the default judgment pending disposal of the application in EC 35/13.
On 5 December, 2013 MOYO J. granted the provisional order staying the execution.