News / National
Serial litigant at it again
11 Aug 2016 at 07:39hrs | Views
CONTROVERSIAL litigant Mr Ignatius Masamba, who was last month barred from suing people at the High Court, has now turned to the civil court claiming "negligence" damages from a tenant who delayed in paying rent.
Mr Masamba, in the latest suit filed at the Harare Civil Court, wants his former tenant, Ms Prisca Dhlakama, to pay him damages to the tune of $2 000 for not paying rent on time.Ms Dhlakama used to pay monthly rent amounting to $300, but the alleged delay of seven days sparked the $2 000 claim for damages.
The High Court recently blasted Mr Masamba over "vexatious" litigation, saying he had clogged the judicial system with baseless litigation.
Billed as extremely litigious, Mr Masamba has instituted over 26 cases in the High Court.
Justice Joseph Martin Mafusire barred Mr Masamba from instituting court proceedings in respect of a flat that he manages in Harare without first seeking consent from the courts.
In the latest suit, Mr Masamba claims his former tenant, Ms Dhlakama, had breached the parties' agreement by failing to pay rent for the flat by June 7 this year.
He filed the lawsuit seven days after the said deadline claiming $2 000 damages for the delay.
The delay in the payment of rent, Mr Masamba said, caused him mental distress and physical inconvenience because he failed to buy proper dietary food and other needs.
Through her lawyers Guwuriro and Associates, Ms Dhlakama has excerpted to the claim saying it was groundless.
"Plaintiff does not establish where it derives a right at law to claim from the defendant as no basis exists in law or on the pleaded facts upon which the court can order the defendant to pay the alleged claim.
"The defendant and the court cannot derive from the air the right at law that the plaintiff has. Plaintiff's pleadings do not disclose a cause of action and are vague and embarrassing," reads the excerption.
Ms Dhlakama urged the court to throw out that application.
Magistrate Mrs Barbara Mateko is expected to make a ruling next week.
Mr Masamba, in the latest suit filed at the Harare Civil Court, wants his former tenant, Ms Prisca Dhlakama, to pay him damages to the tune of $2 000 for not paying rent on time.Ms Dhlakama used to pay monthly rent amounting to $300, but the alleged delay of seven days sparked the $2 000 claim for damages.
The High Court recently blasted Mr Masamba over "vexatious" litigation, saying he had clogged the judicial system with baseless litigation.
Billed as extremely litigious, Mr Masamba has instituted over 26 cases in the High Court.
Justice Joseph Martin Mafusire barred Mr Masamba from instituting court proceedings in respect of a flat that he manages in Harare without first seeking consent from the courts.
In the latest suit, Mr Masamba claims his former tenant, Ms Dhlakama, had breached the parties' agreement by failing to pay rent for the flat by June 7 this year.
He filed the lawsuit seven days after the said deadline claiming $2 000 damages for the delay.
The delay in the payment of rent, Mr Masamba said, caused him mental distress and physical inconvenience because he failed to buy proper dietary food and other needs.
Through her lawyers Guwuriro and Associates, Ms Dhlakama has excerpted to the claim saying it was groundless.
"Plaintiff does not establish where it derives a right at law to claim from the defendant as no basis exists in law or on the pleaded facts upon which the court can order the defendant to pay the alleged claim.
"The defendant and the court cannot derive from the air the right at law that the plaintiff has. Plaintiff's pleadings do not disclose a cause of action and are vague and embarrassing," reads the excerption.
Ms Dhlakama urged the court to throw out that application.
Magistrate Mrs Barbara Mateko is expected to make a ruling next week.
Source - the herald
