News / National
Twine Phiri, ex-wife fight over child support
14 Feb 2014 at 07:06hrs | Views
PREMIER Soccer League chairman Twine Phiri yesterday asked the court to rescind an order that compelled him to pay $500 towards the upkeep of his three minor children granted on June 13 last year.
The judgment was granted at Chitungwiza Civil Court in favour of his estranged wife Keresiya Phiri.
Phiri, through his lawyer, Mr Gift Nyandoro of Hamunakwadi, Nyandoro and Nyambuya law chambers argued that the order was not enforceable at law - "void ab origine".
This was after he was issued with a warrant of arrest dated December 30, 2013 in default of payment of child support, school fees, purchasing casual clothing and school fees.
Phiri further argued that the judgment granted in favour of Keresiya was invalid on the basis that it did not comply with the law.
In the opposing affidavit, Keresiya argued that Phiri was not competent to make such proceedings, alleging that he had approached the court "with dirty hands" because of the existing warrant of arrest.
Phiri's application read: "The reason why I seek the rescinding of this judgment is on the basis of its non-enforceability which advice I accept from my legal practitioners and I believe same to be true and correct.
"I am advised and accept the same to be true and correct that the present application is made in terms of Section 39 (1) (b) of the Magistrates Act which for the avoidance of doubt states; 'In civil cases the court may - (b) rescind or vary any judgment granted by it which was 'void ab origine' or was obtained by fraud or by mistake common to the parties."
Keresiya, who was represented by Mr Arnold Taruvinga from Khanda & Company Attorneys, argued that: "The applicant in this matter has no locus standi to institute these proceedings as he has approached this honourable court with dirty hands, that is he has failed to pay school fees for the minor children, to meet medical bills for me and the children hence in an ancient rule founded on considerations of good sense and should not be departed from without strong reasons. He is in total arrears of $3 815."
Presiding magistrate Ms Nomsa Sabarauta is expected to give judgment on February 27.
The judgment was granted at Chitungwiza Civil Court in favour of his estranged wife Keresiya Phiri.
Phiri, through his lawyer, Mr Gift Nyandoro of Hamunakwadi, Nyandoro and Nyambuya law chambers argued that the order was not enforceable at law - "void ab origine".
This was after he was issued with a warrant of arrest dated December 30, 2013 in default of payment of child support, school fees, purchasing casual clothing and school fees.
Phiri further argued that the judgment granted in favour of Keresiya was invalid on the basis that it did not comply with the law.
Phiri's application read: "The reason why I seek the rescinding of this judgment is on the basis of its non-enforceability which advice I accept from my legal practitioners and I believe same to be true and correct.
"I am advised and accept the same to be true and correct that the present application is made in terms of Section 39 (1) (b) of the Magistrates Act which for the avoidance of doubt states; 'In civil cases the court may - (b) rescind or vary any judgment granted by it which was 'void ab origine' or was obtained by fraud or by mistake common to the parties."
Keresiya, who was represented by Mr Arnold Taruvinga from Khanda & Company Attorneys, argued that: "The applicant in this matter has no locus standi to institute these proceedings as he has approached this honourable court with dirty hands, that is he has failed to pay school fees for the minor children, to meet medical bills for me and the children hence in an ancient rule founded on considerations of good sense and should not be departed from without strong reasons. He is in total arrears of $3 815."
Presiding magistrate Ms Nomsa Sabarauta is expected to give judgment on February 27.
Source - The Herald
