Three MDC Alliance legislators who are challenging their recall from Parliament have applied to have High Court judge Justice Pisirai Kwenda removed from hearing their case.
The trio argued through their lawyer Tendai Biti that Justice Kwenda has already ruled against 14 other MPs who made a similar application in August.
Biti said equal protection and benefit of the law and due process required that another judge who had not pronounced judgment on the same issue, be allocated the case.
The trio, Lilian Timveos, Prosper Mutseyami and Thabita Khumalo were recalled from Parliament by the MDC-T led by Thokozani Khupe for allegiance to MDC-Alliance which is led by Nelson Chamisa.
The three are among more than a dozen more legislators and councillors that have so far been recalled by the reinstated MDC-T leadership.
Some observers view the recallings as a direct jab at the will of the people who voted for those individuals who are being recalled.
MDC-T leadership argues that it is allowed by local laws to recall members who would have ceased to belong to the party – they belonged to at the election.