Mashonaland Central traditional leader, Chief Negomo, born Luscious Chitsinde, is battling to save his property from being auctioned after it was attached over $1 100 legal costs emanating from an “illegal judgment” against his subjects.
BY CHARLES LAITON
Negomo’s property, which includes a tractor-drawn planter and a three-disc plough, was attached by the Messenger of Court in June last year after a default judgment was entered against him for failing to defend a claim against the Deve brothers — Japhet, Elias and Chakanetsa — who were challenging his miscarriage of justice.
The chief has since filed an application for stay of execution against the auctioning of the property at the High Court.
According to the court papers, sometime in 2012, Negomo presided over a matter at his community court where he ruled in favour of Canaan Deve against his brothers Japhet, Elias and Chakanetsa.
The chief’s judgment was endorsed by Bindura provincial magistrate, a Mr Kadye.
However, when the matter was taken to the High Court on review, High Court judge Justice Joseph Mafusire quashed Chief Negomo’s judgment saying it was “illegal”.
“The endorsement and approval by third respondent (Kadye) of second respondent (Negomo’s) illegal judgment and writ be and are hereby set aside.
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“The judgment of second respondent endorsed by third respondent on 21st June 2012 be and is hereby set aside pending the hearing of the applicants’ appeal before another Provincial Magistrate at Bindura who is not third respondent,” Justice Mafusire ruled.
“First and second respondents (Canaan and Negomo) pay the costs of suits jointly and severally the one paying the other to be absolved.”
Following Justice Mafusire’s judgment, the Deve brothers obtained a writ of execution and approached the Messenger of Court who then attached Negomo’s property to recover legal costs.
In his application, Negomo said: “This is an application for stay of execution/sale of my property namely planter with four tanks, plough with three discs, attached by the first respondent (Messenger of Court Bindura). The above property was attached as a result of a default judgment against me of which I was not served with the notice of appeal (and) neither with the notice of setdown.”
Negomo rose to prominence in 2012 after he charged then Prime Minister Morgan Tsvangirai for allegedly marrying in November, which he said was a sacred month.
