Mohadi withdraws case against ex-wife

Kembo Mohadi and new wife
Vice President Kembo Mohadi has withdrawn an application for the dismissal of his ex-wife Tambudzai Muleya’s application for review of a ruling by a magistrate who dealt with the VP’s application for a protection order.

Mohadi was seeking to defend an application by his ex-wife, Tambudzani, seeking termination of protection order he successfully sought against her last year.

Mohadi initially failed to respond to the application by his ex-wife, after his lawyer bungled.

Now he was seeking condonation for late filing of heads of argument, saying the failure was not wilful.

Through his lawyer, Reliance Ndou, Mohadi was seeking upliftment of a bar preventing him from contesting the application by Tambudzani.

“This is an application for the filing heads of argument by the applicant in HC/9929/18 out of time to be condoned and for the bar currently operating against the applicant to be uplifted,” reads a declaration by Ndou.

“The parties in casu have been embroiled in several legal cases. Tambudzani filed an application for review against the decision of magistrate Noah Gwatidzo. When Tambudzani filed her heads in HC/9929/18 they were mistakenly placed in the file for HC 8991/18.

“Heads of argument for HC 9929/18 were filed. However, heads of arguments for HC8991/18 were not filed due to my mistake as I failed to realise in time that these were two different cases in which decisions by the same magistrate were being brought under review.”

The lawyer said he only realised this mistake when the prescribed time period within which Mohadi’s heads of argument had to be filed – June 6, 2019 – had lapsed. He then managed to file on June 10, 2019, out of time.

Tambudzani approached the High Court accusing magistrate Gwatidzo of mishandling the protection order application by Mohadi.

She accused Gwatidzo of conducting a shoddy job and sought an order reviewing the magistrate’s decision.

Mohadi and his wife Tambudzani began divorce proceedings in 2017, before divorce was granted last year. As their fight raged on, Mohadi among other court applications sought a protection order against Tambudzani, accusing his wife of being violent. The Vice President told a court that he fears for his life.

The two have been in and out of the courts and have several pending cases. In one case, Tambudzani is asking a court for $13,000 monthly maintenance.

Tambudzani also sued Mohadi’s new wife, Juliet Mutavhatsindi, for $1,5 million in adultery damages.

Source – Dailynews