MDC-T leader Morgan Tsvangirai is seeking a rescission of judgment in a matter in which he was ordered to pay $50 000 plus a Nissan NP300 to Moreprecision Muzadzi for consultancy services rendered to the former Prime Minister prior to the 2013 general elections.
BY CHARLES LAITON
In his founding affidavit, Tsvangirai said he was not aware of the said litigation, but was surprised when he read a NewsDay article of October 12, 2017 that Muzadzi had been granted a default judgment against him.
Responding to Muzadzi’s claims of being Tsvangirai’s consultant, Tsvangirai said he never, at any stage, signed a contract with Muzadzi and challenged him to prove his claims, adding he had qualified personnel such as Tendai Biti, Douglas Mwonzora and Morgen Komichi, who could have carried out such tasks had he intended to do so.
“The respondent is known to me as he comes from my village in Buhera. He is not a person who possesses any particular skill in negotiations of the kind he talks about. I had, at my disposal, people of proven negotiating skills like Biti, who had successfully negotiated the Global Political Agreement, and Mwonzora, who had negotiated the Constitution of Zimbabwe,” Tsvangirai said.
“Besides these, I had well-connected political leaders within the party including the third applicant (Komichi). I, therefore, did not or could not have hired the respondent at all.”
Muzadzi in August filed an application for a default judgment against Tsvangirai, his younger brother Manatsa and Komichi after the trio had failed to defend the litigation against them.
High Court judge Justice Owen Tagu recently ruled in favour of Muzadzi and granted a default judgment after the matter was heard on an unopposed roll.
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But in his application, the ex-Premier said: “I verily assert that I was never served with the summons by the respondent through the Deputy Sheriff and, therefore, had no knowledge of this claim.”
Tsvangirai further said the sheriff never served him with the court papers, but left the same on a certain receptionist’s desk, who apparently declined to state her details.
“Although I am the president of the MDC, I am not its employee. Therefore, the headquarters of the MDC is not my place of employment as envisaged in the rules. I also do not reside at the headquarters of the MDC, which is Number 44 Nelson Mandela Avenue,” Tsvangirai said.
The matter is yet to be set down for hearing.
