News / Regional
Doctor spared $1,600 maintenance order
27 May 2016 at 06:36hrs | Views
A BULAWAYO medical doctor will no longer pay $1,600 per month as maintenance that was granted in default after he told a magistrate that the payments would leave him bankrupt.
Dr Yahaya Malango's wife Lynnette had been granted $1,600 per month for the upkeep of the couple's two children in default.
Dr Malango's lawyer, Thabani Matshakaile from Lazarus & Sarif told magistrate Batanai Tuwe that his client had initially failed to attend the hearing because he was on duty.
He said the doctor was paying $5,000 in school fees for both his children and the maintenance order would leave him bankrupt.
Matshakaile also said the couple have a divorce case pending at the High Court and it was better for the maintenance issue to be dealt with in the higher court during the divorce hearing.
He said the doctor informed his wife and her lawyer that he was going to delay coming to court due to work commitments, but they were impatient and proceeded with the matter.
"Your Worship, the amount granted against my client is too much. He is paying $2,500 school fees per child. The granted amount would leave him bankrupt," said Matshakaile.
"My client made an effort to communicate with his wife and her lawyer advising them that he will be arriving a bit late because he had pressing matters at work.
"However, they were not patient with him and just as he entered the ruling was being passed."
Lynnette's lawyer, Doreen Phulu from Vundla, Phulu and Partners, had opposed the application saying Dr Malango had shown no commitment to attend the hearing.
"He showed lack of professionalism by showing up late. However, if this court grants the repeal order may the applicant meet the respondent's legal costs because it would not be fair to burden her with extra legal costs," said Phulu.
The magistrate granted the application in Dr Malango's favour but ordered him to meet his wife's legal costs.
Dr Yahaya Malango's wife Lynnette had been granted $1,600 per month for the upkeep of the couple's two children in default.
Dr Malango's lawyer, Thabani Matshakaile from Lazarus & Sarif told magistrate Batanai Tuwe that his client had initially failed to attend the hearing because he was on duty.
He said the doctor was paying $5,000 in school fees for both his children and the maintenance order would leave him bankrupt.
Matshakaile also said the couple have a divorce case pending at the High Court and it was better for the maintenance issue to be dealt with in the higher court during the divorce hearing.
He said the doctor informed his wife and her lawyer that he was going to delay coming to court due to work commitments, but they were impatient and proceeded with the matter.
"My client made an effort to communicate with his wife and her lawyer advising them that he will be arriving a bit late because he had pressing matters at work.
"However, they were not patient with him and just as he entered the ruling was being passed."
Lynnette's lawyer, Doreen Phulu from Vundla, Phulu and Partners, had opposed the application saying Dr Malango had shown no commitment to attend the hearing.
"He showed lack of professionalism by showing up late. However, if this court grants the repeal order may the applicant meet the respondent's legal costs because it would not be fair to burden her with extra legal costs," said Phulu.
The magistrate granted the application in Dr Malango's favour but ordered him to meet his wife's legal costs.
Source - chronicle
