Ndarama High School teacher who is also a DJ and was master of ceremony at Zanu PF rallies David Masomere has applied to the High Court for a review of a judgment of a lower court that saw his furniture being attached over a public address system.
Masomere failed to pay US$608 for a PA System he hired from
Meldwin Tech Investments and used at 11 Mnangagwa’s rallies. The company sued
him and got a court order to attach his furniture, but somehow the messenger of
Court was forced to return it.
As if to snub the company which is desperately trying to
get payment from Masomere, Mnangagwa publicly announced that he was giving
Masomere a farm. It is not clear what he was given the farm for and where the
land came from because under normal circumstances land is applied for through
the Ministry of Lands and due process is followed until an offer letter is
issued.
Many Zimbabweans with the capital and means are failing to
get land allocations from the Government.
Masomere also got a lot of pampering from Zanu PF including
a 4×4 vehicle and cash.
He filed his application for review of the judgment on
September 14, 2023, under HCMS458/23 and wants the court to throw out Masvingo
Magistrate Isaac Chikura’s judgment.
Magistrate Chikura, Meldwin Tech Investments and the
Messenger of Court are respondents.
Masomere wants the judgments to be set aside on the basis
that they are both default judgments. He argued that he gave the court ample
reason for his failure to attend but he was disregarded on both occasions and
default judgments were issued.
On the first
judgment issued on July 28, 2023, Masomere alleges that he was in Victoria
Falls on national duty. He also says that he was served summons two days before
the court hearing when he was already in Victoria Falls.
The second default order was issued on August 18, 2023.
Masomere alleges that his lawyer Knowledge Mabvuure of Chihambakwe Law Chambers
was on leave. He says that he presented a letter to that effect in court on
August 17 and the matter proceeded the next day.
“The matter was set down for hearing on the 17th of August
2023. On the date of the hearing, Messrs Chihambakwe Law Chambers wrote a
letter wherein the court was advised that Mr Mabvuure who was seized with the
matter was on leave and they proposed that proceedings be deferred to the 4th
of September 2023.
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