By Mathew Masinge
Harare businessman Tawanda Jakachira has petitioned the High Court to serve Frank Buyanga’s civil imprisonment summons through the press.
Jakachira is allegedly owed US$282 000 by Buyanga who through his lawyer Admire Rubaya claim he is yet to be served with the summons as required by the law.
Buyanga’s has denied owing such an amount to Jakachira.
In his application, Jakachira says he has failed to locate Buyanga to which effective personal service has been defeated.
At law, the application requires that the Defendant be effectively notified of the process through personal service as it will affect his liberty.
Jakachira argues the Sheriff could not find Buynaga at three of his known business and residential addresses.
He says his only remedy now is to apply for leave to serve the said summons for civil imprisonment by way of substituted service.
Jakachira wants the High Court to order service of the summons and any further court process against Buyanga to be effected through the placement of an advertisement in The Herald Newspaper or any other newspaper with a wider circulation.
He also wants Buyanga to be directed to enter his appearance to defend within 20 days of circulation of the newspaper. H-Metro