THE High Court has dismissed with costs an application by Vice President Kembo Mohadi seeking an order compelling his ex-wife Tambudzani Muleya, to pay him $438 300 for looking after her 500 herd of cattle at his Beitbridge farm.
Mohadi made the claim arguing that he had been taking care of the cattle at his farm for close to a year after they shared their wealth when the High Court dissolved their marriage.
But High Court judge, Jacob Manzunzu dismissed the claim on grounds that the VP did not prove any cause for action.
The order was issued this month, almost two years after it was filed.
“After reading documents filed and hearing counsel for both parties, it is ordered that the exception is upheld and the plaintiff’s (Mohadi) claim be and is hereby dismissed with costs,” Justice Manzunzu ruled.
Muleya had challenged the claim.
In his summons, Mohadi had accused Muleya of having failed to remove over 500 herd of cattle from Jompembe Farm after the couple had shared matrimonial property on divorce.
Mohadi wanted $438 300 as compensation and urged the court to allow him to attach Muleya’s property if she failed to compensate him.
“The plaintiff (Mohadi) has been incurring several costs on his own relating to the welfare of defendant’s (Muleya) share of cattle which costs the plaintiff has to share with defendant since January 2019 to date and the defendant has consistently refused to contribute to the share of her obligations,” Mohadi said in his declaration.
However, after being served with the lawsuit, Muleya through her legal practitioners, filed an exception application arguing Mohadi’s summons did not disclose any cause of action.
“The averments made do not sustain any identifiable and recognisable cause of action. The plaintiff’s claim against defendant, does not comply with the provisions of Order 3 Rule 11(c) of this court’s rules.
“The declaration does not contain true concise statement of the nature, extent and grounds of the cause of action and of relief or remedies sought in the action,” Muleya said, adding Mohadi’s declaration was vague and embarrassing.
