By Simbarashe Mtembo | Masvingo Mirror |
MASVINGO – Ndarama High School teacher who is also a DJ and was master of ceremony at Zanu PF rallies David Masomere has applied to the High Court for a review of a judgment of a lower court that saw his furniture being attached over a public address system.
Masomere failed to pay US$608 for a PA System he hired from Meldwin Tech Investments and used at 11 Mnangagwa’s rallies. The company sued him and got a court order to attach his furniture, but somehow the Messenger of Court was forced to return it.
As if to snub the company which is desperately trying to get payment from Masomere, Mnangagwa publicly announced that he was giving Masomere a farm.
It is not clear what he was given the farm for and where the land came from because under normal circumstances land is applied for through the Ministry of Lands and due process is followed until an offer letter is issued.
Many Zimbabweans with the capital and means are failing to get land allocations from the Government.
Masomere also got a lot of pampering from Zanu PF including a 4×4 vehicle and cash.
He filed his application for review of the judgment on September 14, 2023, under HCMS458/23 and wants the court to throw out Masvingo Magistrate Isaac Chikura’s judgment.
Magistrate Chikura, Meldwin Tech Investments and the Messenger of Court are respondents.
Masomere wants the judgments to be set aside on the basis that they are both default judgments. He argued that he gave the court ample reason for his failure to attend but he was disregarded on both occasions and default judgments were issued.
On the first judgment issued on July 28, 2023, Masomere alleges that he was in Victoria Falls on national duty. He also says that he was served summons two days before the court hearing when he was already in Victoria Falls.
The second default order was issued on August 18, 2023. Masomere alleges that his lawyer Knowledge Mabvuure of Chihambakwe Law Chambers was on leave. He says that he presented a letter to that effect in court on August 17 and the matter proceeded the next day.
“The matter was set down for hearing on the 17th of August 2023.
“On the date of the hearing, Messrs Chihambakwe Law Chambers wrote a letter wherein the court was advised that Mr Mabvuure who was seized with the matter was on leave and they proposed that proceedings be deferred to the 4th of September 2023.
“On the 17th August 2023, the applicant appeared in court and made an application for a postponement of the matter and advised the court of his legal practitioner’s predicament.
“The matter was rolled over to the following day despite the fact that the court had been advised that the lawyer was not available. The applicant was visited with another default judgment,” argues Masomere.
Through his lawyer Omen Mafa of Mutendi, Mudisi and Shumba Legal Practitioners, Masomere is arguing that the magistrate misdirected himself as he had produced proof that his lawyer was not available. The court also deprived him of his constitutional right to legal representation, he further argues.
He is also disputing WhatsApp conversations and quotations produced as evidence in court.
Masomere’s defy deep refrigerator, an upright Capri refrigerator, a plasma 65-inch Ecco television, a four-piece lounge set, and a wooden television stand were attached under order MSVPSCC161/23.
