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despite the fact that they had fully paid for the venue.
Mr Wellington Pasipanodya, a senior partner at Manase and Manase law firm and his wife Abigail, a lawyer with the Zimbabwe Women Lawyers Association, booked Shamwari Restaurant eight months before the wedding date.
However, this was not to be as the couple learnt at the 11th hour that the booking was cancelled for no apparent reason and with-out their knowledge.
They had already made all the necessary wedding arrangements and invitation cards had been sent to hundreds of people basing on the fully paid for venue.
New and costly arrangements were made to ensure the wedding succeeded.
Justice Tendai Uchena granted a default judgment against Shamwari Restaurant after it failed to defend the claim within the prescribed period at law.
The restaurant is situated at the corner of Sam Nujoma Street and Maarsdorp in Harare. According to the court order Shamwari Restaurant has to pay US$38 250, with immediate effect.
From the US$38 250, US$25 000 would be damages for injuria, US$500 being refund for the venue hire, US$6 500 being costs incurred in hiring an alternative venue and US$6 250 damages for expenses incurred in booking services for preparation of the wedding.
“It is ordered that the respondent (Shamwari Restaurant) be and is hereby ordered to pay applicants US$38 250 immediately upon service of this order.
“The respondent is hereby ordered to pay costs of the suit,” read the order dated May 11 2011.
Mr and Mrs Pasipanodya tied the knot on December 11, 2010 at Chapman Golf Club after Shamwari Restaurant reportedly cancelled the booking.
It was stated in the court papers that the couple booked at Shamwari Restaurant in April last year and paid the required US$500 in full. The couple prepared for the wedding and ordered 200 invitation cards informing the guests of the venue and date.
They hired 40 tables, 220 chairs, cutlery for 200 guests, a public address system, a disc jockey and transport. They had also paid for soft drinks and alcohol for the guests. Two months before the wedding, the couple went to the restaurant for the purpose of hiring the restaurant staff as waiters and that is when they were advised that the booking had been cancelled without notice.
Mr and Mrs Pasipanodya argued that the termination was not mutual and that no refund was made.
No tangible reason was given leaving the couple with a feeling that they were simply victims of racial discrimination.
The couple argued they were greatly inconvenienced, prejudiced and embarrassed by the actions of the restaurant owners. That prompted the two lawyers to file a lawsuit against the restaurant at the High Court.