By Ngoni Shumba.
MUTARE, Zimbabwe. (News Of The South) – Destiny of Africa Network (DANet) leader Reverend Obadiah Musindo is pushing for a rescission of judgement compelling him to pay a Bulawayo modelling agency owner who sued him for $10 135 after he was slapped with a 90-day jail term for defying a 2014 High Court order to settle the amount.
Musindo who immediately launched an urgent chamber application for stay of execution until the rescission of judgement case is settled is claiming ignorance about the whole legal suit by Strides Models owner Sipho Mazibuko until a September 28 media report.
The late Bulawayo High Court Judge Justice Andrew Mutema passed a default judgement against Musindo in February 2014 after he failed to turn up to defend Mazibuko’s debt claim.
Mazibuko consequentially filed for civil imprisonment under which High Court Judge Justice Martin Makonese last Thursday ordered the cleric to pay her in $500 monthly instalments beginning on October 31 until he has cleared the debt together with the suit or risk a 90-day jail term.
In his application for rescission of judgement, the cleric denies having contracted Mazibuko to scout for models for his function as she claims pointing out to the absence of any contract.
Musindo argues that since he was never made aware of the legal suit over the debt rescinding the judgement would give both sides to ventilate their positions and allow the court to make a fair and reasoned decision.
The preacher said in court documents he has always contested the alleged debt and would have gladly appeared before the court to present his side of the story but was never made aware of the case as no summons were ever submitted to either his Bulawayo offices, person or place of residence.
Mazibuko had successfully prayed before the court in his absence for $10 135 for having been engaged back in 2012 to scout for models to participate in a pageant organised by Musindo’s company in Harare.
Musindo claims Mazibuko volunteered to provide models for the event and she and her models were only entitled to allowances which they all were paid.
The cleric however claims that Mazibuko had been looking for a $10 000 loan from his organisation which after delays she tried to secure by billing Musindo for the modelling services.
He claims to have proof for the transaction and Zimbabwe Tourism Authority CEO Karikoga Kaseke may be a witness after he had written to him explaining the nature of his relationship with Mazibuko.
Musindo said there was never a written contract to back Mazibuko’s claims.
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