adminTanaka Mrewa Court Reporter
A MAGISTRATE yesterday dismissed a garnishee order application by a Bulawayo woman who accused her husband of defaulting on maintenance after she failed to interpret court documents.
Emma Maniva tried to ask for a garnishee order for her child’s school fees, after failing to note the court ordered her husband, Kudzanayi Matseketsa, to pay fees directly to the school.
Matseketsa through his lawyer told the court his wife had failed to understand the nature of the maintenance plan from the start.
“Your worship the misunderstanding here is self-serving to the applicant. The initial plan was that her husband pays $75 for both children and school fees.
“The older child reached 18 and a downward variation was granted leaving the fee at $38.50. This is what prompted her to complain about the money,” said the lawyer.
He added, “My client isn’t in default of any maintenance money as the applicant is claiming. It’s not stated in the affidavit that the maintenance money includes school fees. All the same if there be any arrears for school fees the school will contact him directly.”
The magistrate, Manasa Musiiwa, dismissed the garnishee application saying Maniva had failed to interpret the legal documents.
“This garnishee order is dismissed on the basis that there is no arrear in the payment of maintenance money. I urge that you get legal advice so that you can get a full understanding of these documents,” said Musiiwa.
Londile Moyo
Bongani Ndlovu