South African-based lawyer Jeremy Gauntlet, heading a team of lawyers representing Tsvangirai, said he was seeking a "simple directive" from Judge Benjamin Hlatshwayo to set a date for the matter to be heard.
The opposition, along with most Western observers, condemned last year's presidential poll as flawed. They said it had been marred by political violence and intimidation mainly aimed at supporters of Tsvangirai's Movement for Democratic Change (MDC).
The Commonwealth, a 54-member grouping of former British colonies, suspended Zimbabwe following an adverse report on the poll by its election observers.
Gauntlet said yesterday that justice was being denied to his client, who lost to Mugabe in the poll by 400 000 votes, because he was not being given a chance to meet his opponents in court.
"To delay access is to assure the consequence that justice delayed is justice denied," Gauntlet told the judge at a hearing held in his chambers at the Harare High Court.
Mugabe's lawyer, Terrence Hussein, opposed the application saying there were still outstanding matters to be cleared up before the petition could begin.
He said Tsvangirai was claiming prejudice only because he believed that he should be president.
"That's the reason why he (Tsvangirai) wants this matter heard urgently. He wants to be in State House (Mugabe's official residence)," Hussein said.
The judge said he would decide on the matter as soon as possible.
In April last year the MDC filed its petition to challenge Mugabe's victory in the poll the previous month. - Sapa-AFP.
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