adminLocardia outsmarts Tsvangirai in court again
Daniel Nemukuyu Senior Court Reporter
PRIME Minister Morgan Tsvangirai yesterday lost a bid to have the US$15 000 maintenance claim lodged against him by his wife Ms Locardia Karimatsenga struck off the roll.
Harare Civil Court magistrate Mr Reuben Mukavhi ruled that the application was properly before the courts and that the hearing should be held.
PM Tsvangirai had argued that the application did not comply with the provisions of the Maintenance Act.
The premier’s lawyer Advocate Thabani Mpofu said the claim could have been brought up through summons and not a court application.
He also argued that service of the court papers was not done properly.
Adv Mpofu raised the objection just before the maintenance inquiry, but Mr Mukavhi ruled against him.
Mr Mukavhi held that the application was properly before him and that the hearing should start.
“The proceedings before me have been properly instituted.
“The points in limine (preliminary points) are without merit and are hereby dismissed.”
Adv Mpofu notified the court of his intention to appeal to the High Court challenging the lower court’s failure or omission to consider some of his submissions in dismissing the preliminary points.
“We intend to approach the High Court so that it deals with the issues we raised concerning the attachment of an affidavit to the summons,” he said.
“The point has not been determined by this court.”
Mr Mukavhi ruled that the hearing should take off on October 15.
In the failed preliminary arguments, Adv Mpofu submitted that the maintenance claim was void and that it was an unnecessary burden on the court roll.
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