News / National
Mohadi divorce case rages on
25 Jan 2019 at 03:21hrs | Views
VICE-PRESIDENT Kembo Mohadi has petitioned the High Court challenging the two applications filed against him by his estranged wife, Tambudzani, arguing that they were submitted out of time.
Mohadi, through his lawyers Mugiya and Macharaga Law Chambers, said he was seeking an order to dismiss his wife's application for maintenance and another order to dismiss her application for review, which sought to challenge a Harare magistrate's jurisdiction to entertain the pair's divorce matters.
"On October 15, 2018, the respondent [Muleya] made an application for maintenance pendente lite (during litigation) … On October 26, 2018, I [Mohadi] filed my notice of opposition, which was served on the respondent on the same day, clearly highlighting that the respondent's claims were unfounded as we have been on separation for the past 19 years and we have no joint estate whatsoever, as she runs her own businesses that are separate from mine," Mohadi said in his founding affidavit.
"… The respondent was supposed to file an answering affidavit or set the matter down for hearing within a month and the respondent, to date, has refused, failed and/or neglected to do that and it is against this background that I make this application for dismissal for want of prosecution."
In a different, but related matter, Mohadi said he was seeking dismissal of his wife's application for review against the lower court's decision to entertain the couple's divorce matters, instead of the High Court, which has the requisite jurisdiction.
"On October 29, 2018, the respondent made an application for review under section 27(1) of the High Court Act, as read with Order 33 of the High Court Rules 1971 … on November 1, 2018, I filed my notice of opposition, which was served on the respondent on November 2, 2018, clearly highlighting that the respondent's issues were baseless and seriously without merit," he said.
"… The respondent was supposed to file an answering affidavit or set the matter down for hearing within a month and the respondent up to date, has refused, failed and/or neglected to do that and it is against this background that I make this application for dismissal for want of prosecution."
Both matters are pending.
Mohadi, through his lawyers Mugiya and Macharaga Law Chambers, said he was seeking an order to dismiss his wife's application for maintenance and another order to dismiss her application for review, which sought to challenge a Harare magistrate's jurisdiction to entertain the pair's divorce matters.
"On October 15, 2018, the respondent [Muleya] made an application for maintenance pendente lite (during litigation) … On October 26, 2018, I [Mohadi] filed my notice of opposition, which was served on the respondent on the same day, clearly highlighting that the respondent's claims were unfounded as we have been on separation for the past 19 years and we have no joint estate whatsoever, as she runs her own businesses that are separate from mine," Mohadi said in his founding affidavit.
In a different, but related matter, Mohadi said he was seeking dismissal of his wife's application for review against the lower court's decision to entertain the couple's divorce matters, instead of the High Court, which has the requisite jurisdiction.
"On October 29, 2018, the respondent made an application for review under section 27(1) of the High Court Act, as read with Order 33 of the High Court Rules 1971 … on November 1, 2018, I filed my notice of opposition, which was served on the respondent on November 2, 2018, clearly highlighting that the respondent's issues were baseless and seriously without merit," he said.
"… The respondent was supposed to file an answering affidavit or set the matter down for hearing within a month and the respondent up to date, has refused, failed and/or neglected to do that and it is against this background that I make this application for dismissal for want of prosecution."
Both matters are pending.
Source - newsday
