By Tendai Kamhungira
Gokwe Nembudziya Zanu PF MP Justice Mayor Wadyajena has appealed against a $1 500 Civil Court maintenance order.
He is instead offering to pay $200.
Wadyajena, through his lawyer Clement Phiri, appealed to the High Court, claiming the Civil Court failed to conduct a thorough inquiry with regard to the maintenance that was requested.
“The court a quo should have gone further to carry an investigation with
regards to the requirements of the minor child,” Wadyajena’s lawyer said.
He said it was clear from the evidence adduced that the Zanu PF MP’s former lover Wadzanai Mudare was gainfully employed and did not deserve all that money.
He said Mudare’s demand was unjustifiable. She had initially demanded $11 600.
“I would propose that it would be proper that if this appeal is upheld, then this matter should be remitted back to the court a quo, so that it assesses the proper figure of maintenance,” he said.
Mudare’s lawyer Jonas Dondo argued that the court should not interfere with the discretion of the Civil Court magistrate.
He said in the application, Wadyajena had not pointed out whether the magistrate had misdirected himself or if the amount was excessive.
“This court should not interfere with matters that are purely discretionary,” he said.
He said Wadyajena had portrayed himself as a wealthy individual, considering that he has three children who are enrolled at Heritage School, which is one of the most expensive schools in the country.
According to Dondo, Wadyajena said he is paying $2 200 for each child every term.
He further told the court that Wadyajena owned a haulage truck company and that he drove six state-of-the-art personalised cars.
Dondo said that the businessman’s $200 offer was unreasonable under the circumstances.
High Court judges Alfas Chitakunye and Emmy Tsanga ordered the matter to be remitted back to the Civil Court for an assessment of the minor child’s need.
During the Civil Court hearing, Mudare had said that her claim against Wadyajena was justified, arguing that the businessman had the financial wherewithal to pay the bill.
She said the legislator owned top-of-the-range cars, a transport business and a residential property in Borrowdale Brook. Daily News
