UNITED Family International Church leader Emmanuel
Makandiwa and his wife, Ruth, have again defended their position to have a $6,5
million claim, which was filed against them by former congregants over “false
prophecy”, dismissed.
Makandiwa filed his heads of argument on October 12, 2018
in response to an application by Upenyu Mashangwa and his wife, Blessing, which
sought to have the clergy couples’ application for exception dismissed for want
of prosecution.
The matter, which was set for hearing yesterday before High
Court judge Justice Edith Mushore was, however, eventually removed from the
roll in the judge’s chambers and will be set for hearing before a different
judge.
In their combined heads of argument, the Makandiwas, through
their lawyers, said: “The procedure for dismissal of a case for want of
prosecution is the converse or the complement of the procedure for summary
judgement. No doubt, it is a procedure available to defendants (Makandiwas) who
are made to defend frivolous and vexatious suits wherein the claim is not bona
fide. In that regard, it naturally follows that any litigant, who uses that
procedure as an applicant (Mashangwas), must prove that the respondent therein
has a bona fide claim.
“The opposing papers, the pleadings in the principal case
and the heads of argument therein show that the applicants (Mashangwas) have
abused the process of the court.”
The Ufic leader said Mashangwa’s application for exception
was designed to shield the abuse, while his own application for the dismissal
of the matter is backed by “cogent evidence”.
Makandiwa was slapped with the multi-million litigation by
the Mashangwas last year after the business couple alleged that a “debt
cancellation miracle” prophecy they had received from Makandiwa was false after
they lost their house for failure to settle the said debt.
Makandiwa and his wife, however, filed a court application
early this year challenging the business-couples’ litigation, saying the
lawsuit against them was a “grandstanding to harass, vex and injure their
reputation and good standing”.
The Ufic leader denied ever making the couple’s “debt
cancellation prophecy”, adding that they lost their property, if any, to a
third party, which matter had nothing to do with the church.
In a chamber application for dismissal, Mashangwa and his
wife urged the court to dismiss the clergy-couple’s application on the basis
that the pair had failed to timeously prosecute their matter.
But Makandiwa and his wife, Ruth, said they had failed to
timeously file their court papers as a result of prior commitments by their
lawyers. Newsday
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