News / National
Bright Matonga fights to overturn US$280k default judgment
25 Mar 2019 at 10:14hrs | Views
FORMER Information deputy minister Bright Matonga has approached the High Court seeking rescission of judgment after he was recently slapped with a US$280 000 default judgment following an application by his former girlfriend's company, Dubtess Investments (Pvt) Ltd.
Last week, Matonga's girlfriend, Thombizodwa Choto, engaged the court seeking an order to compel him to appear in person at the American Embassy, where he was to give his consent for his son to travel to the United States with her.
Choto claims Matonga refused to go and sign his son's consent papers, arguing that her company, Dubtess Investments, had attached his property through a court order.
Matonga is now seeking a court order to rescind a judgment which he claims Choto clandestinely obtained.
"I was unaware that the matter had been set down for hearing as I was never served with same. As fully appears on the notice of renunciation of agency and the summons, my domicile citandi has always been Chigwell Farm, Chegutu and not Number 431 Wheeldon Avenue, Helensvale, Borrowdale. The notice of set down was clearly served on a wrong address," Matonga said in his affidavit.
"As a result of this, plaintiff (Dubtess Investments (Pvt) Ltd and Olefinic Investments) obtained default judgment against me on January 22, 2018. I only learnt that default judgment had been granted against me on February 20, 2019 when I was served with a writ of execution and a notice of seizure and attachment by the Sheriff of Zimbabwe. The goods attached are set to be removed on March 26, 2019."
The former minister said it was evident that the use of the wrong address for service of the notice of set down by Dubtess Investments (Pvt) Ltd was intentional since the same party elected to execute at the correct address which Matonga had previously provided.
"I am advised that the judgment was sought in error in that I was never served with the notice of set down. The notice of set down was served on unknown address, which address I have never resided. Further, I am advised that default judgment was granted in error in that there was no return of service of the notice of set down in the record which proved that I had been served with the notice of set down."
The matter is pending.
Last week, Matonga's girlfriend, Thombizodwa Choto, engaged the court seeking an order to compel him to appear in person at the American Embassy, where he was to give his consent for his son to travel to the United States with her.
Choto claims Matonga refused to go and sign his son's consent papers, arguing that her company, Dubtess Investments, had attached his property through a court order.
Matonga is now seeking a court order to rescind a judgment which he claims Choto clandestinely obtained.
"I was unaware that the matter had been set down for hearing as I was never served with same. As fully appears on the notice of renunciation of agency and the summons, my domicile citandi has always been Chigwell Farm, Chegutu and not Number 431 Wheeldon Avenue, Helensvale, Borrowdale. The notice of set down was clearly served on a wrong address," Matonga said in his affidavit.
"As a result of this, plaintiff (Dubtess Investments (Pvt) Ltd and Olefinic Investments) obtained default judgment against me on January 22, 2018. I only learnt that default judgment had been granted against me on February 20, 2019 when I was served with a writ of execution and a notice of seizure and attachment by the Sheriff of Zimbabwe. The goods attached are set to be removed on March 26, 2019."
The former minister said it was evident that the use of the wrong address for service of the notice of set down by Dubtess Investments (Pvt) Ltd was intentional since the same party elected to execute at the correct address which Matonga had previously provided.
"I am advised that the judgment was sought in error in that I was never served with the notice of set down. The notice of set down was served on unknown address, which address I have never resided. Further, I am advised that default judgment was granted in error in that there was no return of service of the notice of set down in the record which proved that I had been served with the notice of set down."
The matter is pending.
Source - newsday
