Online Reporter
Mathew Masinge
THE High Court has brought to an end the long-standing battle between ZIFA and their former director of administration, Lazarus Mhurushomana.
ZIFA had approached the High Court seeking a declaratory order to stop Mhurushomana from making any further demands after settling a 2013 obligation to pay him US$108 520 in June 2020.
Mhurushomana had won a legal battle against the association after his contract was terminated while on special leave sometime in February 2004.
ZIFA then stopped paying Mhurushomana in March 2004 and the administrator contested the action until he obtained a writ of execution for attachment of ZIFA’s property in September 2013.
He was demanding US$518 331, an amount which ZIFA claimed was not consistent with the amount on the court order.
High Judge Justice Faith Mushure handed an ex-tempo judgment in October 2024 where she upheld ZIFA’s contestation for any further payments to Mhurushomana saying they had lived to their obligation.
In her detailed judgment, Justice Mushure said the payment of US$108 520 brought closure to the dispute between ZIFA and Mhurushomana.
“Once judgment is satisfied, the writ becomes of no effect.
“ZIFA has fulfilled its obligations to Mhurushomana as per the court order, and the application for a declaratory order ought to be granted. In the result, it is ordered that:
“The tender of payment of the sum of $108 520 by ZIFA to the Mhurushomana constitutes satisfaction of the judgment debt in case number HC 5721/09”, reads parts of the judgment.
In his argument, Mhurushomana alleged that ZIFA has adamantly refused to comply while terms to end his contract of employment were never discussed, thus, his salary and benefits continue to accumulate to date.
However, Justice Mushure said the dispute was already resolved upon payment of the judgment debt as per the writ of 2013.
