Saturday, 6 October 2018

MOHADI'S ESTRANGED WIFE FIGHTS PROTECTION ORDER


VICE-President Kembo Mohadi’s estranged wife, Tambudzani Bhudagi Mohadi, has petitioned the High Court challenging a protection order granted to her husband.

Tambudzani argued that the magistrate who granted the order did not have required jurisdiction to deal with the divorce impasse.

Through her lawyers, Scanlen and Holderness, Tambudzani filed the application for review on October 2, following another Mohadi application at the Civil Court seeking to have her charged with contempt of court for violating conditions of a protection order granted against her in September this year.

“The matrimonial assets referred to in the protection order includes immovable assets whose value exceeds the $10 000, immovable properties known as number 2 Benata Way Alexandra Park, Harare and 108 Impala Drive, Beitbridge,” she said.

“Each of the immovable properties mentioned above have a value of more than the jurisdiction of the Magistrate Court in terms of section 11 of the Magistrates Court Act and the magistrates court (Civil Jurisdiction) Monetary Limits) Rules, 2012, SI 163/2012. The protection order granted by the first respondent (Gwatidzo) deals with rights in respect of immovable property which the Magistrates Court lacks jurisdiction.”

In September last year, the VP – who was then State Security minister – petitioned the High Court in Bulawayo seeking a divorce claiming his marriage to Tambudzani had irretrievably broken down.

He then applied for matter to be transferred to the Harare High Court in August this year where it is now pending. On August 10, he also approached the Civil Court in Harare seeking a protection order against Tambudzani, which was granted.

In her founding affidavit, Tambudzani said when Mohadi filed for an interim protection order she “did not see any reason to oppose the application since I had no issues complying with the interim protection order as set out in the DV3 form attached to the application.”

Tambudzani said, in particular, the protection order barred her from accessing any matrimonial assets which are the subject of the divorce proceedings under case number HC2520/17, except only through the express (written) consent of the VP or his designate until the finalisation of the divorce proceedings.

“The applicant was barred access to the properties that she resides at whilst in Harare and Beitbridge. It also barred her access to the business premises, which access she requires to enable her to prepare for trial,” she said, adding the mentioned terms do not take into consideration of the fact that Mohadi resides at the State residence and would not be prejudiced by the granted order.

The matter is pending. Newsday

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