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Musarara won appeal

Businessman Tafadzwa Musarara won an appeal setting aside a default judgment compelling him to pay a local travel agent a disputed US$1861 in air fares, his lawyer Tafadzwa Sengwe has said.

Staff Writer

This followed businessdigest reports that he was ordered to pay the amount after a default ruling was given when he was not represented in court when the matter was heard in November last year.

Sengwe says Musarara, who had complained that reports that he has failed to pay were incorrect, actually won an appeal against the order forcing him to pay the US$1 861, meaning instead of paying the amount he allegedly owed he would now have a right to defend himself in the case.

A Harare magistrate had ordered that Musarara to pay the US$1861, plus an interest of 5% per annum from the date of summons to the date of payment in full. The summons were issued on November 25.

However, Musarara’s legal team appealed against the default judgment the following week, effectively setting aside the order and giving him a chance to defend himself.

A client statement seen by businessdigest shows that Musarara allegedly ran a US$5 100 travel bill when he purportedly flew four members – Hlupeko Clifford, Elfas Mashaba, Nhamo Tutisani and a C Samuriwo – of the Affirmative Action Group (AAG) on his Traverse account in 2010 on an Air Zimbabwe flight to Beijing, China.

Another bill of US$1 590 was allegedly incurred with Ethiopian Airways for another official.

But Musarara says Traverse’s client was AAG and not himself. He says he has not failed to pay Traverse and will challenge the matter in court.

Sengwe said the use of the word “failed” was wrong because he has appealed setting aside the default ruling and giving him yet another chance to defend himself, contrary to initial reports that he had lost the case and was supposed to pay the amount he was allegedly owing.

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