Prisons boss files for rescission of default judgment

Prisons boss files for rescission of default judgment

Source: Prisons boss files for rescission of default judgment – NewsDay Zimbabwe August 9, 2017

ZIMBABWE Prisons and Correctional Services boss, Paradzai Zimondi has filed for rescission of a default judgment made against him in a case where he is accused of failing to pay $137 777 for a 10-tonne dumper truck supplied to him by the Zimbabwe Farmers’ Development Company (ZFDC).


ZPCS Commissioner-General Paradzai Zimondi

ZPCS Commissioner-General Paradzai Zimondi

In his application filed on July 28, Zimondi said he did not wilfully default a pre-trial conference on June 27, 2017, but had not been advised by his legal practitioners of the hearing date.

“I was not made aware of the pre-trial conference date, but received the shock of my life on being advised that the respondent (ZFDC) had obtained judgment against my person on June 27, 2017. If I had been advised, I would certainly have attended court,” he said.

“I have a clear defence to the claim by the respondent in that I ordered a 30-tonne truck from respondent and paid in full the amount of Z$296 million, which I believe was the full purchase price. At the time of the transaction, we were still using the Zimbabwe dollar for trade.

“In breach of the terms of the contract of sale, the respondent delivered a 10-tonne dumper truck instead of a 30-tonne truck. The matter was also not properly before the court on two technical points: The debt had prescribed since it arose in 2007, but summons were only issued on of September 7, 2016. The transaction was entered into during the Zim dollar period and there was no basis for the conversion of the debt into US dollar.”

Zimondi further said he had a strong case to challenge ZFDC’s claim, adding the latter fraudulently obtained an acknowledgement of debt by forging his date of birth, identity card number and signatures.

“The debt ($137 777) is a fraud on my person, as I was not supplied with the items paid for and that a fake acknowledgement of debt dated October 27, 2009 was prepared and signed behind my back. The dates of birth and identity number appearing against my name in the preamble are wrong, while the signature of the debtor is not mine,” he said.

According to court papers, on September 7 last year, ZFDC issued summons against the prisons boss, accusing him of failing to settle his debt.

ZFDC said in September 2007, it sold and delivered a 10-tonne dumper truck, tool box, hydraulic jack, a rod and a reflector to Zimondi at a cost of $81 900 and on October 27, 2009 it again sold him a 80-90 tractor at a cost of $47 459,58.

The matter is yet to be set down for hearing.