Man yells at magistrate over default judgment on maintenance case

court hammerCourt Reporter
THERE was drama at the Maintenance Court housed at Tredgold Building in Bulawayo yesterday when a man threw away court documents in the courtroom and yelled at the magistrate when he arrived in court and found that his case had been heard in his absence. Officials at the Maintenance Court said Mr Siyamwi Nhamburo (37) who had been taken to the maintenance court by his ex-wife, Ms Cecelia Chimenya over the upkeep of their five-year-old son, threw the court documents on the floor in protest before leaving the court in haste.

Mr Nhamburo was contesting a default judgment awarded to Ms Chimenya on 16 August compelling him to pay $250 per month for the upkeep of their son.

He had made an application for rescission of the judgment, saying he should be given an opportunity to give his side of the story.

In his affidavit, he had argued that on the day the judgement was given, he defaulted because he had been arrested and was in police custody in Kezi for a case of rape, where he was alleged to have sexually abused his cousin (16).

The rape charges were, however, dropped before appearance in court in Gwanda (KCRB 229/13) on 29 August, according to court documents.
When Mr Nhamburo went to the Maintenance Court on Tuesday, he was told to come back to court yesterday with proof of his arrest.

It is alleged that he arrived at the Maintenance Court at about 11am yesterday and his application for rescission had been dismissed by Bulawayo magistrate Mr Victor Mpofu in the morning.

Mr Nhamburo, after being told that his case had been completed, allegedly threw on the floor the documents as he yelled at Mr Mpofu.

“Why did you handle my case in my absence? I should give my side of the story,” said a fuming Mr Nhamburo as he left the courtroom.
He then allegedly went to the Maintenance Court clerk’s office and shouted at the officials, accusing them of scheming against him.

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