ACTING Chief Negomo’s application seeking to save his property from being attached by the messenger of court was on Tuesday struck off the roll after the deputy sheriff failed to locate and serve the Mashonaland Central traditional leader with a notice of set-down at his Mbare address.
BY CHARLES LAITON
According to the information provided to High Court judge Justice November Mtshiya, Negomo, born Lucinos Chitsinde, who is the applicant in the matter, had provided a Mbare Matapi Hostels address. But when the court officials visited the said residence twice to give him papers informing him of the court hearing, they failed to locate him.
The acting traditional leader is battling to save his property from the hammer after it was attached by the messenger of court over $1 100 legal costs emanating from an “illegal judgment” against his subjects.
Negomo’s property, a planter with four tanks and a three-disc plough, were 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 had challenged his miscarriage of justice.
Following the attachment, Negomo filed an application for stay of execution against his property at the High Court.
The events leading to the lawsuit against Negomo occurred sometime in 2012, when he presided over a matter at his community court whereupon he ruled in favour of one Canaan Deve against his brothers Japhet, Elias and Chakanetsa.
Negomo’s judgment was then endorsed by the Bindura provincial magistrate, a Mr Kadye.
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However, when the matter was taken to the High Court on review, Justice Joseph Mafusire quashed Negomo’s judgment on the basis that it was an “illegal” judgment.
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 for auctioning to recover legal costs.
But Negomo, in his application, accused the messenger of court of obtaining a default judgment against him when in actual fact he was not supposed to be cited as a party to the High Court proceedings.
