Moyo filed a two billion Zimbabwe dollar lawsuit against Nkomo in 2006 saying that Nkomo allegedly told the party’s provincial coordinating committee (PCC) in Matabeleland North that Moyo had plotted a coup against President Robert Mugabe and the presidium.
Nkomo’s statement stemmed from a meeting allegedly organised and funded by Moyo at Dinyane High School in Tsholotsho in 2005, now referred to as the “Tsholotsho Declaration.”
Passing judgment in Bulawayo High Court on Thursday afternoon Justice Bere said he was satisfied that the Tsholotsho meeting organised by Moyo was just a mere public meeting not a meeting to organise a coup as Nkomo said
“The fact that there were state security agents and some top government ministers at this meeting there is no way the meeting can be regarded as a smart coup,” he said.
Justice Francis Bere deferred this judgment indefinitely in 2006 to enable him to prepare his ruling.
Moyo who was absent during the passing of the judgment and was being represented by his lawyer Job Sibanda of Sibanda and Partners while Nkomo who was present in court was being represented by Harare lawyer Francis Chirimuuta.