FORMER Information deputy minister Bright Matonga has
approached the High Court seeking rescission of judgment after he was recently
slapped with a US$280 000 default judgment following an application by his
former girlfriend’s company, Dubtess Investments (Pvt) Ltd.
Last week, Matonga’s girlfriend, Thombizodwa Choto, engaged
the court seeking an order to compel him to appear in person at the American
Embassy, where he was to give his consent for his son to travel to the United
States with her.
Choto claims Matonga refused to go and sign his son’s
consent papers, arguing that her company, Dubtess Investments, had attached his
property through a court order.
Matonga is now seeking a court order to rescind a judgment
which he claims Choto clandestinely obtained.
“I was unaware that the matter had been set down for
hearing as I was never served with same. As fully appears on the notice of
renunciation of agency and the summons, my domicile citandi has always been
Chigwell Farm, Chegutu and not Number 431 Wheeldon Avenue, Helensvale,
Borrowdale. The notice of set down was clearly served on a wrong address,”
Matonga said in his affidavit.
“As a result of this, plaintiff (Dubtess Investments (Pvt)
Ltd and Olefinic Investments) obtained default judgment against me on January
22, 2018. I only learnt that default judgment had been granted against me on
February 20, 2019 when I was served with a writ of execution and a notice of
seizure and attachment by the Sheriff of Zimbabwe. The goods attached are set
to be removed on March 26, 2019.”
The former minister said it was evident that the use of the
wrong address for service of the notice of set down by Dubtess Investments
(Pvt) Ltd was intentional since the same party elected to execute at the
correct address which Matonga had previously provided.
“I am advised that the judgment was sought in error in that
I was never served with the notice of set down. The notice of set down was
served on unknown address, which address I have never resided. Further, I am
advised that default judgment was granted in error in that there was no return
of service of the notice of set down in the record which proved that I had been
served with the notice of set down.”
The matter is pending.
Newsday
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