via Magaya accuser chickens out – DailyNews Live 17 September 2014 by Tendai Kamhungira
HARARE – Walter Magaya, the Prophetic Healing and Deliverance (PHD) Ministries leader, has escaped a $500 000 adultery lawsuit after Denford Mutashu withdrew accusations that he committed adultery with his wife.
After Mutashu sued for adultery damages, his wife Memory Nomsa Ruvazhe deposited an affidavit denying the adultery claims.
The Daily News understands that Mutashu was last week spotted on Scoan Television, receiving prayers from popular preacher TB Joshua where he reportedly told the world renowned prophet that he was going to withdraw the charges.
Mutashu is said to have told TB Joshua that he had been misled by lawyers to try and tarnish Magaya’s image.
In a notice of withdrawal dated September 12, Mutashu backed down from his claim.
“Take notice that the plaintiff hereby withdraws its claim in this matter and tenders wasted costs,” the notice reads.
No reasons were proffered in the notice of withdrawal as to why Mutashu had decided to drop the lawsuit.
Magaya had denied the adultery claims, adding that the averments were devoid of any recognised legal basis and deserved to be struck off.
Through his lawyers from Rubaya & Chatambudza Legal Practitioners, who had instructed Thabani Mpofu, Magaya said the application was devoid of merit, and lacked the basic principles expected of such an application.
He said Mutashu’s claim failed to disclose cause of action cognisable at law.
“Whilst making a claim for adultery damages, plaintiff (Mutashu) does not allege, plead or place reliance upon any real or alleged sexual encounter between defendant and his wife,” Magaya argued.
“No date and place of any sexual encounter has been set out as is required by law.”
The PHD leader had further told the court that no particulars that would support the commission of adultery had been set out or relied upon in the entire request.
“The claim is consequently set in vacuo, incompetent and devoid of any recognised legal basis,” he said.
Mutashu approached the High Court after Magaya allegedly ignored his letters of demand.
COMMENTS
Mbiri kunaJesu!
TB is a criminal of that we can be very sure
Its a spritiul battle ,forgive.
Tendai you write this article as if you are Magaya’s supporter because your version of the story is completely different to the one in the other website.For your own education it is normal for the claimant to ask for more but in real practice they get about a tenth of the original claim when the magistrate or judge settles the case,so which website is telling the truth.The other website claimed that this prophet paid an out of court settlement of $150 000 which in my opinion is an admission of guilty.This is a huge amount to pay if you are innocent.
I am waiting to see him taking that website to court if it published a false statement about him.If he does not take them to court,then we can assume that their version of the story is true and yours is suspect.
Tendai you write this article as if you are Magaya’s supporter because your version of the story is completely different to the one in the other website.For your own education it is normal for the claimant to ask for more but in real practice they get about a tenth of the original claim when the magistrate or judge settles the case,so which website is telling the truth.The other website claimed that this prophet paid an out of court settlement of $150 000 which in my opinion is an admission of guilty.This is a huge amount to pay if you are innocent.
I am waiting to see him taking that website to court if it published a false statement about him.If he does not take them to court,then we can assume that their version of the story is true and yours is suspect.
@Mixed race, why do u sound like you so much wanted the accusations to be true? What is it that you have against Prophet Magaya? I think Tendai’s comments are based on e happenings eg. Mutashu’s withdrawal of charges. Prophet Magaya has a mandate of doing God’s work not to bother about people have nothing to do but write about people who are bringing a change in people’s lives and tarnish their names.