Zimbabwe People First (ZPF)top official Mr Didymus Mutasa
has approached the Supreme Court to save his property from being auctioned over
$26 900 he owes a Harare law firm. Mr Mutasa had his property attached over unpaid
legal fees he owes Nyakutombwa Mugabe Legal Counsel and was taken to LM
Auctions in Harare.
The fees accrued when the politician engaged the lawyers to
fight his legal battles against zanu-pf in 2015.
Mr Mutasa and his
wife Getrude filed an application for rescission of the High Court judgment
that resulted in the property being attached, arguing that the property
belonged to Mrs Mutasa.
He also argued that the lawyers did not properly serve him
with the court papers and that the judgment must be rescinded. Justice Amy Tsanga
last week threw out the rescission application, allowing the Sheriff to sell
the attached property.
The judge ruled that Mrs Mutasa had no legal interest in
the matter and that Mr Mutasa had been properly served with the relevant
papers. LM Auctions
yesterday advertised the sale of the property this Saturday.
However, Mr and Mrs Mutasa, through their lawyers Mwonzora
& Associates, filed a notice of appeal at the Supreme Court. In the notice of
appeal, Mr Mutasa argue that the judge erred in various respects.
“The learned judge erred in finding that the first
appellant had no legal interest in the matter when such were even canvassed in
her judgment. In that regard, it was wrong in fact and law for the learned
judge to hold as she did that the provisions of Rule 449 did not apply.
“The learned judge erred in finding that there was no error
in granting default judgment despite having found that an appearance to defend
was filed within the ‘dies induciae’…”
The property, which was attached from Mr Mutasa’s
Umwinsdale house and moved to LM Auctions yard in Southerton, Harare comprise
three sets of leather sofas, dining table and eight chairs, two fridges, a
coffee table and stools, two water tanks, microwave, carpets, television
stands, Kipor generator, DStv decoder, DVD player and two flower pots.
Mr Mutasa was expelled from zanu-pf together with Messrs
Rugare Gumbo and Temba Mliswa for allegedly trying to topple President Mugabe.
The trio engaged the services of Nyakutombwa Mugabe Legal
Counsel to fight the expulsion.
They also sought to
nullify the amendment made to the revolutionary party’s constitution at the
2014 people’s congress.
After filing several
applications, the trio later chickened out and dropped the challenge.
In coming up with the bill, the law firm charged the trio
for all opted services rendered and for all court attendances in terms of the
Law Society of Zimbabwe General Tariff of 2011. Herald
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