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Mugabe seeks rescission of $174 000 default judgment

FORMER President Robert Mugabe’s family business, Gushungo Holdings (Pvt) Ltd, has approached the High Court seeking to challenge a $174 183 default judgment granted against them for failing to pay for potato seed supplied by Seed Potato Co-op (Pvt) Ltd.

BY CHARLES LAITON

The former Head of State’s business was on July 2, 2018 slapped with a default judgment after failing to defend the litigation that was instituted by the seed company sometime in May.

Mugabe, through his lawyer Farai Jemwa, however, claimed that his company did not receive the summons, adding the court papers were served to a person not employed by the family business.

“Applicant (Gushungo Holdings) became aware that summons had been issued against it sometime in June 2018 through a newspaper article, which stated that it was being sued by defendant (Seed Potato) … a perusal of the return of service which was attached to the application (for default judgment) showed that summons were alleged to have been served on one Mr Mvenge on June 5, 2018,” Jemwa said.

“… A person alleged to have received the summons is unknown to the applicant. He never brought the summons to the attention of the applicant … Applicant, as a result, failed to enter its appearance to defend the proceedings within the prescribed limits … Applicant indicated to the first respondent’s legal practitioners that they are willing to defend the proceedings and that summons were served on a person unknown to them hence their failure to enter an appearance to defend.”

The default judgment against Gushungo Holdings was granted by Justice Joseph Musakwa.

In its claim, the seed company said sometime between July and September 2015, it supplied Gushungo Holdings a total of 12 761 pockets of potato seed worth $382 830, of which Mugabe’s firm made part payment, leaving a balance of $174 193.
The matter is yet to be set down for hearing.

Source :

Newsday

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