High Court orders case’s fresh hearing

US$500 monthly maintenance to his erstwhile wife because of glaring irregularity in the manner the trial was conducted.
Judge President George Chiweshe granted a review application by Chitungwiza businessman Mr Alfred Tungadzi and ordered a fresh hearing.
The businessman complained against the conduct of the trial magistrate Mrs Priscilla Chigu-mba adding that the proceedings were irregular, biased and unreasonable.
The judge ordered the transfer of the case from Chitungwiza to Harare Magistrates’ Civil Court.
“It is ordered that the proceedings and decision of the first respondent (Mrs Chigumba) in case number M176/05 dated November 24 2010 are hereby quashed.
“The matter is hereby referred to Harare Magistrates’ Court for fresh maintenance inquiry. Each party shall bear its own costs,” ruled Justice Chiweshe.
Mrs Chigumba last year ordered Mr Tungadzi to buy school uniforms and casual wear for his two children twice a year, to provide medical and dental aid for the two children and to pay US$500 per month to his former wife Ms Laika Chikaize.
The two children are in boarding school and Mr Tungadzi pays fees and other needs.
Mr Tungadzi, through his lawyer Mr Maxwell Mavhunga of Mavhunga and Associates, has successfully applied for review of the judgment.
Mr Mavhunga later instructed Advocate Thabani Mpofu to argue the matter in the High Court.
In the review application, Mr Tungadzi argued that the proceedings presided over by Mrs Chigumba were highly irregular to an extent and Mrs Chigumba went out of her way to grant an order that Ms Chikaize had never sought.
The High Court heard that Mrs Chigumba granted the maintenance claim by Ms Chikaize without giving Mr Tungadzi an opportunity to respond to certain claims that the man felt were lies.
“The first respondent (Ms Chigumba) was with due respect patently biased during the proceedings. She concluded and commented that I did not want to give the second respondent (Ms Chikaize) money because I had married another wife who would declare that I should not give her money but groceries.
“The allegation was unfounded and not supported by anything in the record and unexpectedly came out from the blue.
“Without any basis again, she grilled me why my company that has seven employees could not be doing well and she could not take any of my version,” said Mr Tungadzi.
It was Mr Tungadzi’s argument that Mrs Chigumba failed to appreciate the reciprocal duty to maintain the children considering that Ms Chikaize even confirmed in court that she was self-employed and could take care of herself.
Throughout the maintenance proceedings, the court heard, Ms Chikaize was never asked any question neither was Mr Tungadzi given an opportunity to ask any questions.
“I was simply answering questions from the first respondent (Mrs Chigumba). The only time Ms Chikaize opened her mouth was when she said ‘thank you’ after the award had been made,” he said.