Tsvangirai fights $50k lawsuit

HARARE - MDC leader Morgan Tsvangirai has applied for rescission of judgment  following a High Court order for him to pay $50 000 to Moreprecision Muzadzi, a man who claimed to have offered coalition consultancy services to the veteran politician ahead of the 2013 elections.

Muzadzi told the court  he entered into a verbal agreement with Tsvangirai and his co-defendants, Manatsa, who is the MDC leader’s brother and the party’s deputy national chairperson Morgen Komichi, for him to negotiate with other opposition party leaders to form a coalition with Tsvangirai.

The High Court last week granted a default judgment in favour of Muzadzi after Tsvangirai failed to file a response.

In his application for rescission, Tsvangirai said that he was never served with the court summons which culminated in the default judgment.

“I verily assert that I was never served with the summons by the respondent (Muzadzi) through the deputy sheriff and therefore had no knowledge of this claim.

“I had an opportunity to peruse the return of service. It is clear that deputy sheriff did not serve anyone in particular. The return of service suggests that the deputy sheriff served the summons on an unknown receptionist by placing same on the desk,” Tsvangirai said in an affidavit.

He said even though he is the MDC president, he is not an employee of the party, adding that the party’s headquarters is not his place of employment where he could have been served with the court papers, as envisaged in court rules.

He said Muzadzi knows his place of residence but did not direct the deputy sheriff there.

“I only came to the unescapable conclusion that the respondent was just bent on embarrassing me,” he said, adding that he was not in wilful default.

He further said in his claim, Muzadzi did not attach any papers showing that he contracted him.

“The respondent is known to me as he comes from my village in Buhera. He is not a person who possesses any particular skill in negotiations of the kind he talks about,” he said, adding that he had better people with negotiating skills like Tendai Biti and Douglas Mwonzora.

“Respondent’s claim against me borders on extortion. At the same time it is totally abusive towards my person,” he said.

In his application Muzadzi, however, said he was forced to seek legal recourse after Tsvangirai and the other defendants failed to honour their side of the bargain.

“In accordance with the terms of the agreement plaintiff duly rendered his services in drafting a Memorandum of Understanding (MoU) and negotiated with defendants and other political party leaders that they were going to field Tsvangirai as the sole presidential candidate against Zanu PF,” he said.

“Plaintiff and partner successfully negotiated with the following party leaders to support the first defendant’s presidential candidate; (Dr) Simba Makoni (MKD), Dumiso Dabengwa (Zapu), Margret Dongo (Zud), and 15 others.”

The court heard that in breach of the said agreement, Tsvangirai and his colleagues reneged on their promise but instead unleashed some people who then attacked Muzadzi and Kisinoti Mukwazhe, president of the Zimbabwe Development Party, when they visited the MDC leader’s residence in Highlands to collect the pledged dues.

Comments (2)

ipa munhu mari yake iwe

g40 - 18 October 2017

This guy who claims to have helped Tsvangirai is nothing but a pathetic chancer.You cannot get rich overnight Muzadzi without working.Work ,work and work ,Stop trying to rely on some dubious claims.

Janana Bikaz Madhogodhogo - 19 October 2017

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