Twine Phiri’s application dismissed

TWINE-PHIRICourt Reporter
Caps United boss Twine Phiri had his application for rescission of the default judgment compelling him to pay $250 per month towards the upkeep of his child dismissed by the Civil Court last week.

In passing the judgment, the magistrate Mr Trevor Nyatsanza, said Phiri’s lawyers were supposed to inform the court that they were attending a pre-trial conference at the High Court.

He said by not doing so, it showed that the businessman was in wilful default.

The application for rescission of default judgment made on November 26, 2014 is dismissed.

“Applicant must pay the amounts due and there is no order as to costs,’’ said Mr Nyatsanza.

The businessman’s mother-in-law, Catherine Mutukwa, made a maintenance claim of $250 per month for the businessman’s 16-year-old daughter on November 25 last year.

The claim was granted in Phiri’s absence.

Phiri then applied for rescission of the default judgment compelling him to pay $250 per month towards the upkeep of the child.

He asked the court to postpone the matter to give him time to file his response.

Mr Nyatsanza postponed the matter to Thursday this week.

Responding to Phiri’s founding affidavit, Mutukwa claimed the businessman was approaching the court with dirty hands.

“An order was granted by this honourable court on the 26th of November 2014 for the applicant to pay $250 as maintenance for the minor child with effect from December 31, 2014,” reads part of Mutukwa’s application.

“The applicant has not been paying school fees and currently he owes the school $1 200 being $300 for the first term of 2015 and $900 in arrears.”