Zimbabwe’s Constitutional Court has rejected a case filed by an activist that challenged President Robert Mugabe’s ability rule saying proper court procedures weren’t followed.

Promise Mkwananzi of a social movement calling itself Tajamuka wanted to prove the 92-year-old president was unfit to hold office given his advanced age.

The court threw out the application on Wednesday, saying Mkwananzi’s case was filed improperly and he has 30 days to address technicalities and refile.

Speaking to media outside the court in the capital, Harare, Mkwananzi said he will appeal the decision.

“This is just a convenient excuse for the constitutional court to bite the bullet, so we are saying that we are going to reapply within 30 days as prescribed by the rule of the constitutional law and relaunch this issue,” he said.

“We think that this is a very strong case to answer the overwhelming evidence against him. There are statements which the president made which are clearly not in the spirit of the constitution.”

In his case, Mkwananzi argued that Mugabe – who turns 93 this month – is to be blamed for the poor state of the economy, corruption, high unemployment, and alleged human rights abuses in Zimbabwe.