HARARE businessman Hubert Fungai Nyambuya last Friday appealed to magistrate Tendai Mahwe to give him time to try to hammer out an out-of-court settlement with his ex-wife over $34 415 maintenance arrears.
by PAIDAMOYO MUZULU
Nyambuya is facing four counts of “failure to pay maintenance” charges, as had been ordered by both the High Court and the Harare Magistrates’ Court in January this year.
His plea, however, came a bit late as the trial proceedings had begun and his ex-wife, Nyarai Bakasa, was giving evidence to the court.
Nyambuya took advantage of the brief adjournment after he objected to the production of Bakasa’s bank statement, arguing that he had not been served the document earlier.
“Can I ask that the proceedings be remanded to a later date so that we can try to reach an out-of-court settlement about the arrears,” Nyambuya pleaded.
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But magistrate Mahwe said the trial could not be stopped any longer and should proceed.
“The State should provide the accused with all documents and make him sign for them so that in future, we don’t have problems about the documents,” Mahwe said.
In count one, Nyambuya is accused of failing to pay $500 per month to his ex-wife as maintenance, as ordered by the High Court in December 2012 when they separated.
In count two, he is accused of failing to pay $16 840 school fees for his minor child who was attending a private school in the capital.
The third count regards his alleged failure to constantly pay maintenance for his three minor children, culminating in a bill of $6 307.
The State also accused Nyambuya of contravening a High Court order that obliged him to pay a $5 000 university tuition fees for his ex-wife.
The trial continues today.