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Lovemore Meya Arts Correspondent
Dendera musician Douglas Chimbetu last week got a reprieve after businessman Dickson Mavhura decided to stop pursuing a court case in which he was demanding $2 500 from him.Mavhura had sued Chimbetu for failure to pay him for ferrying his band members and equipment to shows.
The case had led to attachment of property belonging to the musician’s ex-girlfriend Memory Mapako. However, Mapako challenged the attachment of the property and Mavhura has since decided to stop contesting the case.
Mavhura made the decision through his lawyer Charles Chikore of Mutsahuni Chikore and Partners.
Chikore said the decision by his client was with a heavy heart.
“My client said they should get the property back because he feels the two of them are conniving to defeat his claim. This was after he realised that the wife (Mapako) is such a pathological liar as was seen in court on giving evidence, denying certain truths that had become so common between them in their business,” said Chikore.
Their letter addressed to Mapako’s lawyer, Albert Nyikadzino of Nyikadzino, Simango and Associates reads, “We write to advise that we have stopped contesting this matter. Your client might as well get her property from the Messenger of Court. As such it will be not necessary to attend court.”
Simango presented it to Chitungwiza Civil Court magistrate Ms Jessy Kufa, who granted the interpleader by consent.
Mapako had approached the court seeking recourse challenging the attachment of her property
However, in her evidence during trial, Mapako had told the court that Chimbetu had nothing as she takes care of him.
This issue was triggered by a lawsuit case number 3195 /14 in which Mavhura sued Chimbetu for failing to pay him.
After that, Chimbetu, who was represented by Phillip Hamunakwadi entered into an agreement that he was going to settle the debt in instalments but he failed to do so.
And after getting a default judgment against Chimbetu, Mavhura had the property attached.
Mapako later filed an interpleader, part of it reads, “I am the claimant in this matter, and on October 20, 2015 the Messenger of Court came to my house armed with a notice of attachment in execution of the court order obtained by first respondent (Mavhura) and second respondent (Douglas).”
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