Harare- CONTROVERSIAL businessman Malvin Chimutashu ‘s company EBA Insurance PVT LTD is embroiled in a rent default storm.
The flamboyant businessman allegedly misrepresented to top banker Lawrence Tamayi that he had capacity to pay rentals for his property in Mt Pleasant.
He however neglected to settle the rental arrears amid reports that he diverted the funds to bankroll his lavish lifestyle.
The matter is sub judice and details are that Chimutashu has not been paying rent for 10 months.
The matter is been heard by Magistrate Lazini Ncube.
The judicial officer also in the eye of a storm pointing out to a miscarriage of justice after allegedly rescinding a default judgement under unclear circumstances he had passed against Chimutashu and also quashed an application for leave of execution pending appeal by Tamayi.
The default judgement was initially granted in favour of Tamayi after the court heard that Chimutashu had willfully defaulted attending a pre-trial conference (PTC).
However, in an unprecedented somersault, Ncube rescinded the earlier default judgement and also dismissed the stay of execution in respect of the ex parte application for stay of execution
It is alleged that after the magistrate issued the default judgement, Chimutashu launched an appeal against that order.
In his application, Chimutashu filed that he was not served with the Notice of set down for PTC
The certificate of service of notice of set down for PTC indicated that service was effected by affixing the Notice of set down to the letter box after diligent search
In rescinding the default judgment, according to court papers gleaned by this publication, magistrate Ncube, who had earlier granted it, ruled that: “It would not make any judicial sense to allow execution in the matter when the issues in the main have not been decided.
“Having allowed the application for rescission of default judgment, it then follows that the application of execution pending appeal which had been filed by 1st respondent (Tamayi) should fail. It would not make any judicial sense to allow execution in the matter when the issues in the main have not been decided since rescission of default judgment has been granted.
“Granting the application for leave to execute will result in the court contradicting itself in the matters and the orders made by the court may not be easy to execute. In the circumstances, the application for rescission of default judgement shall be granted and the application for leave to execute pending appeal shall fail,” reads part of the judgement.
The matter is still before the courts.
Chimutashu is no stranger to the courts , he has an alleged serial fraudster and has allegedly duped several people in dodgy car deals.
The flamboyant businessman allegedly misrepresented to top banker Lawrence Tamayi that he had capacity to pay rentals for his property in Mt Pleasant. Is he flamboyant? Is he a businessman? Wrong choice of words writer hahaha