Wednesday, 31 October 2018

MOHADI;S ESTRANGED WIFE GUNS FOR MAGISTRATE

Vice President Kembo Mohadi’s estranged wife Tambudzani has pulled yet another stunt, after dragging the magistrate who dealt with her husband’s application for a protection order to the High Court, accusing the court official of bungling legal procedures.

In the latest application filed at the High Court on Monday, Tambudzani is now seeking an order reviewing the magistrate’s decision.

According to the application, the respondents are the magistrate only identified as Gwatidzo, the vice president, Irene Mohadi, Abigail Mohadi and Malcom Ambrose.

Mohadi and his wife Tambudzani are going through a divorce, in a case which started in September last year, when the vice president, who was then State Security minister, petitioned the High Court in Bulawayo seeking nullification of the couple’s divorce, claiming their marriage had irretrievably broken down.

But in August this year, Mohadi applied for the divorce matter to be transferred to Harare High Court where determination is still pending.

Since then, the two have been in and out of court, with different applications and, at one point, Mohadi approached the Civil Court seeking a protection order, which was granted in his favour.

Tambudzani, however, applied for a review of the court ruling, after which Mohadi filed another application for contempt of court against his wife. But Tambudzani, claims the contempt case was improperly handled.

“I make this application in terms of Section 27 (1) of the High Court Act (Chapter 7:06) on the basis of procedural irregularity in the proceedings,” Tambudzani said.

She said the application for contempt of court had been set down for hearing on September 29, 2018, before being postponed to October 2, 2018 by consent of the parties.

Tambudzani said on the hearing date, Mohadi was in default, leading to the dismissal of his application.

He later discovered the development, according to Tambudzani, and filed a fresh application of contempt of court. She said the vice president later caused the application to be set down for hearing without seeking a rescission of judgment.

“On the date of hearing, my counsel of choice advocate Tawanda Zhuwarara objected to the procedure that had been adopted by the applicant.

“He raised a point that instead of approaching the court with a fresh application, the second respondent (Mohadi) was firstly supposed to seek rescission of an order that was granted in default.

“My legal practitioners also raised a point that the matter was lis pendens as there was an application for review pending in the High Court under case number HC 8128/18. All these points were dismissed as it appears.

“It is with this background that I have entreated to this court for review in terms of the High Court Act and the High Court Rules,” she said.

The respondents have not yet responded to the application.
Tambudzani has also filed other pending cases, which include a demand for $13 000 for maintenance every month pending the finalisation of the divorce case.




 She has also sued Mohadi’s mistress Juliet Mutavhatsindi for $1,5 million for adultery damages. Daily News

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