News / National
Mugabe's ex-minister fights default judgment
19 Dec 2018 at 06:26hrs | Views
FORMER Health deputy minister Edwin Muguti, who was recently slapped with a default judgment for failing to pay over $13 600 in rental arrears for a property he allegedly left infested with pests and rodents, has petitioned the High Court seeking to overturn the ruling.
Muguti was taken to court by the property owner Joyce Mako-Mushaninga in summons issued on May 11, 2018 in respect of house number 56 Coghlan Road, Greendale, Harare.
However, when the ex-minister failed to defend the litigation, Mako-Mushaninga approached the court and obtained a default judgment, which she later sought to execute, prompting Muguti to petition the court with the current application.
"This is an application for rescission of default judgment in terms of Order 9 Rule 63 of the Rules of the High Court, 1971," the former minister said in his founding affidavit.
Muguti said upon receiving the summons from Mako-Mushaninga, he instructed his legal practitioner, one Tafadzwa Hungwe, who then was operating under Messrs Nyakutombwa Legal Counsel, but the lawyer then left the law firm, leaving the matter pending.
"In the meanwhile, my legal practitioner, Tafadzwa Hungwe, is said to have left the employ of Nyakutombwa Legal Counsel and abandoned my file, leading to the respondent (Mako-Mushaninga) snatching a default judgment in default of plea," Muguti said.
"… pursuant to the aforementioned order, the respondent caused a writ of execution against immovable property to be issued after the Sheriff's return of attachment of movables stated nula boba. Respondent then instructed the sheriff to attach immovable property, being a certain piece of land called stand number 236 Chikurubi township of Manresa measuring 4 000 square metres …
"I was not served with a copy of the order and I only got to know of it on November 22, 2018 when the sheriff served a notice of attachment of immovable property on one E Mbewe, my employee, who received it on my behalf."
Muguti said his failure to file a plea was not intentional, but was rather caused by his legal counsel, who had left the law firm without his knowledge.
The matter is pending.
Muguti was taken to court by the property owner Joyce Mako-Mushaninga in summons issued on May 11, 2018 in respect of house number 56 Coghlan Road, Greendale, Harare.
However, when the ex-minister failed to defend the litigation, Mako-Mushaninga approached the court and obtained a default judgment, which she later sought to execute, prompting Muguti to petition the court with the current application.
"This is an application for rescission of default judgment in terms of Order 9 Rule 63 of the Rules of the High Court, 1971," the former minister said in his founding affidavit.
Muguti said upon receiving the summons from Mako-Mushaninga, he instructed his legal practitioner, one Tafadzwa Hungwe, who then was operating under Messrs Nyakutombwa Legal Counsel, but the lawyer then left the law firm, leaving the matter pending.
"In the meanwhile, my legal practitioner, Tafadzwa Hungwe, is said to have left the employ of Nyakutombwa Legal Counsel and abandoned my file, leading to the respondent (Mako-Mushaninga) snatching a default judgment in default of plea," Muguti said.
"… pursuant to the aforementioned order, the respondent caused a writ of execution against immovable property to be issued after the Sheriff's return of attachment of movables stated nula boba. Respondent then instructed the sheriff to attach immovable property, being a certain piece of land called stand number 236 Chikurubi township of Manresa measuring 4 000 square metres …
"I was not served with a copy of the order and I only got to know of it on November 22, 2018 when the sheriff served a notice of attachment of immovable property on one E Mbewe, my employee, who received it on my behalf."
Muguti said his failure to file a plea was not intentional, but was rather caused by his legal counsel, who had left the law firm without his knowledge.
The matter is pending.
Source - newsday
