MUTARE – The old adage ‘‘once bitten, twice shy’’ appears not to be part of Mutare businessman Godfrey Chikosi’s language. He was back at Mutare Civil Court last Wednesday applying for downward maintenance variation.
Hoping to get a different judgment, Chikosi made a second application for downward variation on $400 maintenance which was, however, dismissed by Mutare senior magistrate Mrs Sharon Chipanga.
The transporter and proprietor of Travellers Rest Lodge in Mutare first applied for maintenance variation downwards on March 7, which was dismissed in May by magistrate Mr Langton Mukwengi after Chikosi had absconded court on the day of the sitting.
However, this time round Chikosi applied for downward variation and also insisted on paternity tests. In his application, Chikosi argued that business was currently low.
He also applied that the court should set aside the $400 maintenance pending paternity-test results. He had also requested that the children be sent to a Government school.
The defendant, Pamela Mukwada, represented by her lawyer Chipo Masamha from Takaidza and Mubata Legal Practitioners, opposed the application on the premise that the applicant had failed to place any evidence before the court which warranted a downward variation.
Despite not disagreeing to the paternity test, Mukwada, however, contended against the issue of paternity tests affecting the court’s previous order. Mrs Chipanga dismissed the application with costs citing that Chikosi had failed to convince the court how his business circumstances had changed.
“The purpose of applying for variation is to notify the court of any changed circumstances . . . It was therefore erroneous of applicant’s counsel to suggest that the proof was already part of the record when it was information present as at November 28 2013 when the order was made.
“From the foregoing, the applicant has failed to justify why the amount ordered should be varied downwards. As such, the application is dismissed with costs,” said Mrs Chipanga.
Chikosi was slapped with the maintenance order last year on November 28. The maintenance included $400 ($200 each) for his six-year-old twins and paying school fees for them for a school of equivalent status to Hillcrest College where his matrimonial children attend school.
Mrs Chipanga said the order of a ‘‘school of equivalent status” was only meant to guarantee uniformity on the children whether born in or out of wedlock. On the paternity tests, Mrs Chipanga said the applicant was free to have the tests done, but said the tests were not ‘‘valid ground’’ to justify downward variation.
Chikosi, popularly known as ‘‘Werrason” (named after flashy Congolese dancer Werrason) for his lavish lifestyle and rhumba dancing antics in the club, became popular back in the 2008 during the Chiadzwa diamond rush in the city.
During the diamond rush, Chikosi built a beautiful, flashy suburban house in the Mutare peri-urban area of Rowa along the Mutare-Masvingo highway. He became the talk of town. He also became popular for keeping horses at his Rowa homestead over and above living a lavish lifestyle. Manica Post