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'Humiliated' organ sucker $10,000 lawsuit: Man responds
28 Apr 2017 at 05:24hrs | Views
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A Bulawayo man facing a failure to marry lawsuit has responded to the summons in spectacular fashion.
Luke Muparadzi of Selborne Park who was initially referred to as Lake Musarurwa was slapped with a $10 000 lawsuit by his alleged heartbroken ex-lover Eniah Nyajichi from Makokoba suburb who claimed he breached a promise to marry her despite the "embarrassment" she suffered while sucking his manhood.
In his opposing papers which he filed through his lawyers, Muparadzi said the summons do not disclose a cause of action and the relief sought could not be granted in the absence of a legal cause.
"The summons do not disclose a cause of action and the relief sought cannot be granted in the absence of a legal case.
"The summons further do not disclose a cause of action as the necessary averments for breach of contract are not pleaded. The defendant is non-existent to the extent that he is known as Luke Muparadzi and the summons are therefore invalid.
"Whereas she is claiming to have been embarrassed by the actions complained for, she pleaded that defendant had proposed love to her and she agreed. The summons also contains superfluous, vexatious and embarrassing (details) that they should be struck off (the record)," reads part of Muparadzi's summons.
He said he never lived with Nyajichi as husband and wife and that the latter was merely an employee who left without notice.
Meanwhile, Nyajichi hit back saying her summons were clear and that they disclose a real and substantial cause of action such that the relief sought should be granted.
"The summons are not contradictory in any way and the alleged contradiction is actually with the breach of contract.
The summons also do not contain superfluous, vexatious and embarrassing (details) but are clearly showing or disclosing the cause of action," she said.
To authenticate her claims she attached a document in which Muparadzi signed acknowledging the existence of a marital relationship between them. The document which was signed on 5 January 2017 by both Nyajichi and Muparadzi reads:
"I Luka Muparadzi identity Number 08-190144E70 residing at . . . Road Selborne Park ndakagara naEnia Nyajichi akasiya ndisina kumupa notice ndagara naye semukadzi nemurume kwe one month and three weeks. Saka ndati adzoke tigare tese (I stayed with Enia Nyajichi as husband and wife for one month and three weeks. She left without notifying me so I want her to come back so that we stay together).
The legal battle which is yet to go on trial however, started when Muparadzi allegedly reneged on a promise to marry Nyajichi and subsequently chased her from his house on 21 December 2016.
A Bulawayo man facing a failure to marry lawsuit has responded to the summons in spectacular fashion.
Luke Muparadzi of Selborne Park who was initially referred to as Lake Musarurwa was slapped with a $10 000 lawsuit by his alleged heartbroken ex-lover Eniah Nyajichi from Makokoba suburb who claimed he breached a promise to marry her despite the "embarrassment" she suffered while sucking his manhood.
In his opposing papers which he filed through his lawyers, Muparadzi said the summons do not disclose a cause of action and the relief sought could not be granted in the absence of a legal cause.
"The summons do not disclose a cause of action and the relief sought cannot be granted in the absence of a legal case.
"The summons further do not disclose a cause of action as the necessary averments for breach of contract are not pleaded. The defendant is non-existent to the extent that he is known as Luke Muparadzi and the summons are therefore invalid.
"Whereas she is claiming to have been embarrassed by the actions complained for, she pleaded that defendant had proposed love to her and she agreed. The summons also contains superfluous, vexatious and embarrassing (details) that they should be struck off (the record)," reads part of Muparadzi's summons.
He said he never lived with Nyajichi as husband and wife and that the latter was merely an employee who left without notice.
Meanwhile, Nyajichi hit back saying her summons were clear and that they disclose a real and substantial cause of action such that the relief sought should be granted.
"The summons are not contradictory in any way and the alleged contradiction is actually with the breach of contract.
The summons also do not contain superfluous, vexatious and embarrassing (details) but are clearly showing or disclosing the cause of action," she said.
To authenticate her claims she attached a document in which Muparadzi signed acknowledging the existence of a marital relationship between them. The document which was signed on 5 January 2017 by both Nyajichi and Muparadzi reads:
"I Luka Muparadzi identity Number 08-190144E70 residing at . . . Road Selborne Park ndakagara naEnia Nyajichi akasiya ndisina kumupa notice ndagara naye semukadzi nemurume kwe one month and three weeks. Saka ndati adzoke tigare tese (I stayed with Enia Nyajichi as husband and wife for one month and three weeks. She left without notifying me so I want her to come back so that we stay together).
The legal battle which is yet to go on trial however, started when Muparadzi allegedly reneged on a promise to marry Nyajichi and subsequently chased her from his house on 21 December 2016.
Source - bmetro
