MDC-T has appealed to the Supreme Court challenging Monday's High Court decision to block it from replacing four legislators it recently recalled until their court application contesting the party's right to recall them has been determined.
Through its lawyer, Professor Lovemore Madhuku, the Thokozani Khupe-led MDC-T filed a notice of appeal at the Supreme Court the same day the injunction against the party was issued.
Justice Mafusire took the view that MDC-A is a political party, which tallies with that taken by Justice Priscilla Manongwe in the dispute over party funds pitting Nelson Chamisa-led MDC-Alliance and the Khupe-led MDC-T.
Last week Justice Tawanda Chitapi ruled in the High Court that while the MDC-A was recognised as a political party, it lacks the legal capacity to sue and being sued, being in effect an electoral coalition.
Justice Mafusire found it undesirable that there should be conflicting decisions by judges from the same court over the same issue.