{{Zimbabwe Prime Minister Morgan Tsvangirai Friday lost a bid to have the US$15 000 maintenance claim lodged against him by his wife Ms Locardia Karimat\u00adsenga struck off the roll.}}<\/p>\n
Harare Civil Court magistrate Mr Reuben Mukavhi ruled that the appli\u00adcation was properly before the courts and that the hearing should be held.<\/p>\n
PM Tsvangirai had argued that the application did not comply with the provisions of the Maintenance Act.<\/p>\n
The premier\u2019s lawyer Advocate Tha\u00adbani Mpofu said the claim could have been brought up through summons and not a court application.<\/p>\n
He also argued that service of the court papers was not done properly.
\nAdv Mpofu raised the objection just before the maintenance inquiry, but Mr Mukavhi ruled against him.<\/p>\n
Mr Mukavhi held that the applica\u00adtion was properly before him and that the hearing should start.<\/p>\n
\u201cThe proceedings before me have been properly instituted.
\n\u201cThe points in limine (preliminary points) are without merit and are hereby dismissed.\u201d <\/p>\n
Adv Mpofu notified the court of his intention to appeal to the High Court challenging the lower court\u2019s failure or omission to consider some of his sub\u00admissions in dismissing the prelimi\u00adnary points.<\/p>\n
\u201cWe intend to approach the High Court so that it deals with the issues we raised concerning the attachment of an affidavit to the summons,\u201d he said.<\/p>\n
\u201cThe point has not been determined by this court.\u201d <\/p>\n
Mr Mukavhi ruled that the hearing should take off on October 15.
\nIn the failed preliminary arguments, Adv Mpofu submitted that the maintenance claim was void and that it was an unnecessary burden on the court roll.<\/p>\n
Adv Mpofu said a maintenance complaint should be made on oath and the fact that Ms Karimatsenga\u2019s lawyers filed a court application rendered the process defective.<\/p>\n
He said the law did not allow the court to condone any departure from the statutes.<\/p>\n
Adv Mpofu described the application as \u201cdog\u2019s breakfast\u201d.
\nHe said proper service of summons should be effected by the police and not by any other person.<\/p>\n
Responding to the objection, Ms Karimatsenga\u2019s lawyer Mr Everson Samukange described the preliminary challenge as mischievous and a deliberate attempt to delay court proceedings.<\/p>\n
Mr Samukange said the complaint had properly been made on oath as required by the law and that service could be done by other persons other than the police.<\/p>\n
He said the application, although it was not brought on summons, had an affidavit which constitutes the maintenance complaint on oath.<\/p>\n
Ms Karimatsenga is claiming US$15 000 monthly maintenance to match the high standards of life she is now accustomed to as a result of her relationship with PM Tsvangirai.<\/p>\n
She wants the PM to contribute towards her upkeep and accessories, as she has been accustomed to.<\/p>\n
In her claim, Ms Karimatsenga said she was customarily married to PM Tsvangirai after he paid lobola to her parents in November last year.<\/p>\n","protected":false},"excerpt":{"rendered":"
{{Zimbabwe Prime Minister Morgan Tsvangirai Friday lost a bid to have the US$15 000 maintenance claim lodged against him by his wife Ms Locardia Karimat\u00adsenga struck off the roll.}} Harare Civil Court magistrate Mr Reuben Mukavhi ruled that the appli\u00adcation was properly before the courts and that the hearing should be held. PM Tsvangirai had […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[75],"byline":[170],"hashtag":[],"class_list":["post-3339","post","type-post","status-publish","format-standard","hentry","category-people","tag-homenews","byline-igihe"],"bylines":[{"id":170,"name":"IGIHE","slug":"igihe","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":8}],"contributors":[{"id":170,"name":"IGIHE","slug":"igihe","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":8}],"featured_image":null,"_links":{"self":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/3339","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/comments?post=3339"}],"version-history":[{"count":0,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/3339\/revisions"}],"wp:attachment":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/media?parent=3339"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/categories?post=3339"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/tags?post=3339"},{"taxonomy":"byline","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/byline?post=3339"},{"taxonomy":"hashtag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/hashtag?post=3339"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}