News / National
Goche $9K maintenance case dismissed
28 Nov 2015 at 06:32hrs | Views
Harare Civil Court magistrate Mrs Barbra Mateko yesterday dismissed a $9 450 maintenance claim by a Harare woman against former Transport and Infrastructural Development Minister Mr Nicholas Goche.
Mrs Mateko said Ms Laura Ebineng, who was claiming the money for the upkeep of their minor child, was exaggerating facts so that she could be granted the order.
She said Ms Ebineng failed to justify her claim and the $850 she was receiving before filing for her maintenance claim was reasonable.
"As court, I am of the humble view that the applicant has been receiving maintenance and, therefore, the application for this (maintenance) order is dismissed with no costs," ruled Mrs Mateko.
She said maintenance was a reciprocal duty in which both parents should contribute for the upkeep of their children.
Mrs Mateko also said that Ms Ebineng failed to prove and justify her claim beyond reasonable doubt and failed to challenge Mr Goche's submissions disputing her claims.
"Applicant says the respondent is a politician and a businessman who earns $60 000. After taking into consideration the submissions, it should be noted that the respondent is liable to maintain the minor child. "It is also clear that the breakdown of the $9 450 is exaggerated considering that other things like clothes, holidays and school fees cannot be paid for per month. The applicant did not justify her claim," she said.
In her application, Ms Ebineng had said that she was customarily married to Mr Goche in 2002 and separated in 2006. During the customary union, the two had a child in 2003, which Ms Ebineng accused Mr Goche of neglecting.
In her break down of the $9 450, Ms Ebineng said $130 was for rates, with electricity and water at $100, telephone $100, maid $150, food and groceries $290, fuel $480, car maintenance $3 000 and medication $300. School fees will account for $750, rugby training kit $130, rugby training fees $30, pocket money $40, clothes (school and sport uniforms) $500, casual wear $400, holidays $2 500, stationery $100, incidents $400 and insurance $50.
Contesting Ms Ebineng's claim, Mr Goche, through his lawyer Gloria Sithole of Chatsama Legal Practitioners, said he never married her and the minor child whom she needs maintenance for is not his.
Mr Goche had ordered Ms Ebineng to produce proof of the marriage and that he is the biological father of the child.
Mrs Mateko said Ms Laura Ebineng, who was claiming the money for the upkeep of their minor child, was exaggerating facts so that she could be granted the order.
She said Ms Ebineng failed to justify her claim and the $850 she was receiving before filing for her maintenance claim was reasonable.
"As court, I am of the humble view that the applicant has been receiving maintenance and, therefore, the application for this (maintenance) order is dismissed with no costs," ruled Mrs Mateko.
She said maintenance was a reciprocal duty in which both parents should contribute for the upkeep of their children.
Mrs Mateko also said that Ms Ebineng failed to prove and justify her claim beyond reasonable doubt and failed to challenge Mr Goche's submissions disputing her claims.
"Applicant says the respondent is a politician and a businessman who earns $60 000. After taking into consideration the submissions, it should be noted that the respondent is liable to maintain the minor child. "It is also clear that the breakdown of the $9 450 is exaggerated considering that other things like clothes, holidays and school fees cannot be paid for per month. The applicant did not justify her claim," she said.
In her application, Ms Ebineng had said that she was customarily married to Mr Goche in 2002 and separated in 2006. During the customary union, the two had a child in 2003, which Ms Ebineng accused Mr Goche of neglecting.
In her break down of the $9 450, Ms Ebineng said $130 was for rates, with electricity and water at $100, telephone $100, maid $150, food and groceries $290, fuel $480, car maintenance $3 000 and medication $300. School fees will account for $750, rugby training kit $130, rugby training fees $30, pocket money $40, clothes (school and sport uniforms) $500, casual wear $400, holidays $2 500, stationery $100, incidents $400 and insurance $50.
Contesting Ms Ebineng's claim, Mr Goche, through his lawyer Gloria Sithole of Chatsama Legal Practitioners, said he never married her and the minor child whom she needs maintenance for is not his.
Mr Goche had ordered Ms Ebineng to produce proof of the marriage and that he is the biological father of the child.
Source - Herald
