CITIZENS Against Violence and Anarchy Trust (CAVAAT) have asked the court to appoint a commissioner to assess the extent of damage on property during last year’s demonstration by opposition parties under the banner of National Electoral Reform Agenda (Nera).
BY CHARLES LAITON
CAVAAT is a local organisation aligned to the ruling Zanu PF that promotes peace and business in the country.
The organisation filed its application on Monday this week through its trustee, Elton Paul Ziki, as a follow-up to the first court application it made in June this year suing Nera for $1 million.
In November last year, CAVAAT filed another court application seek to have Nera held accountable for the damages.
The losses were, however, not quantified and former police assistant commissioner Faustino Mazango resolved to sue Nera for damages in a bid to assist the affected victims recover their property.
“This is an application in terms of Section 9 of the Class Action Act (Chapter 8:17) which allows the court to appoint a commissioner at any stage in a class action to assess and collate evidence,” Ziki said in his founding affidavit.
“The applicant’s (CAVAAT) claim is based on the damages suffered as a result of violence which took place during the demonstration held by the respondent on August 26 2016 . . . the applicant was granted leave by this honourable court on January 25, 2017 to institute class action . . . On June 15, 2017 applicant issued summons claiming damages in the sum of $1 million . . .
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“The respondent (Nera) was duly served with summons and a declaration and has failed to enter an appearance to defend within the dies induciae. Having failed to do so, the members of the class are, therefore, entitled to default judgment.”
Ziki further said notwithstanding that CAVAAT was entitled to a default judgment, it was appropriate to have the damages proved and assessed, adding at the time of filling the application, the number of claims filed were 78 and more were still forthcoming.
“The applicant therefore considers it appropriate at this stage for the court to appoint a commissioner who will assess damages and make a report to the court on the quantum of damages successfully proved,” he said.
Ziki added that the nature and extent of the damage and or loss caused to the individual properties and businesses was diverse. The matter is yet to be set down for hearing.
