Judgment No. SC 47/18 Civil Appeal No. SC 695/15 subpoena. The court ruled that the second appellant should be subpoenaed to appear in court on the next day. The issued subpoena reads: To: Reward Kangai Of NetOne Cellular (Pvt) Ltd, 16" Floor Kopje Plaza Building, 1 Jason Moyo Avenue, Harare. You are required and directed to attend before the Fiscal Appeal Court of Zimbabwe, at the Fiscal Appeal Court, Harare on the 10" day of February 2015 at the hour of 10 0’ clock in the morning and so from day to day until the above case is tried, to give evidence on behalf of the Appellant, and also to bring with you and produce at the time and place aforesaid all the import documents, namely, bills of entry, packing lists, invoices and proof of payment of any duty relating to importation of base stations and base station component by Net One duly stamped by the Zimbabwe Revenue Authority at the ports of entry where these base stations or base station parts or components entered into the country for the whole period commencing October 1998 and ending 30 November 2013. In answer to the subpoena, the second appellant appeared before the court and sought a postponement to seek proper legal advice. On 17 February 2015, the second appellant’s legal practitioners addressed a letter to the first respondent’s legal practitioners requesting a detailed report of the case before the court and the reasons why their client’s testimony was required. The first respondent’s legal practitioners responded by letter dated 26 February 2015 stating that their client was of the view it was being discriminated against as it believed that the first appellant’s base stations were being imported duty free. In a letter dated 4 March 2015, the second appellant, through his legal practitioners, objected to testifying. The reasons advanced in the letter are captured in the excerpt below: a) The issues to be adjudicated upon by the Honourable Court have no bearing on the evidence that you seek to be adduced from our client. There is clearly no need to call our client to testify and to prove or disprove any of the issues before the court.