The Supreme Court has dismissed the state’s appeal against a high court order that allowed businessman Justice Mayor Wadagena to recover his vehicles seized in August 2022 after fraud charges against him and five others were dropped.
The appeal was dismissed before the case could be heard after the state failed to comply with Supreme Court rules.
The appeal was abandoned after the state failed to comply with Rule 55 of the Supreme Court Rules (2018) relating to payment of security costs.
Accordingly, the Supreme Court order stands, giving Wadagena the green light to recover a fleet of 23 transport trucks and luxury cars seized in August 2022.
The charges against the six were dropped last year, with the Supreme Court ruling that the trucks had not been lawfully detained since September 2022 because authorities had not applied for an extension of the 30-day maximum before the initial 30 days granted expired in August 2022.
Wadagena was charged alongside COTTCO leaders, including Pius Manamike and Maxmore Ngangi.
Justice Tawanda Chitabe of the High Court granted Wadiyajina’s request to release his fleet.
