BY CHARLES LAITON
A FINANCE and administration manager for a beverages company, Lorraine Chitereka, who was recently slapped with a US$50 000 adultery damages order for bedding Harare businesswoman Rudo Boka’s husband, has approached the High Court seeking stay of execution arguing the granted amount is too astronomical compared to other amounts awarded in similar matters.
Chitereka, who last week approached the court seeking rescission of the US$50 000 default judgment said she has been compelled to file an urgent chamber application after getting wind that Boka had instructed her lawyers to seek to attach her property with a view to recover the US$50 000.
“This is an urgent application for the stay of execution of the default judgment granted against me (Chitereka), and in respondent’s (Boka) favour in HC9892/18. It is this default judgment whose rescission I respectfully seek in HC2118/19,” she said through her lawyers Mandizha and Company Legal Practitioners.
“I submit that I would suffer irreparable harm if execution is not stayed for a variety of reasons; the respondent (Boka) is holding on to a judgment in the total sum of US$50 000. My lawyers advise me that this award is most definitely high and in all likelihood, will be set aside.
Chitereka said her legal practitioners had gone further and researched on the legal authorities cited by Boka’s lawyer in justifying the granted amount.
“They have established that the awards range between $4 000 and $8 000 (that is bond notes). I further contend that an appreciation of the currency in which the judgment was granted to respondent, will show that in bond note/ZWR term, the said judgment translate to over $125 000. This is an unprecedentedly astronomical figure by all accounts,” she said.
“With my case herein being that respondent is not even entitled to the $4 000 or $8 000 referred to above, the potentiality of irreparable harm falling me, were execution not to be stayed and I ultimately succeed in the rescission of judgment application, becomes high and not too difficult to appreciate.”
In her founding affidavit recently filed alongside her court application for rescission of judgment, Chitereka said when Boka issued summons against her last year, she filed her appearance to defend with a view to challenge the claim, but as the matter progressed, she consulted lawyers who later turned out to be bogus leading to the default judgment being granted against her.