BY CHARLES LAITON
LATE MDC-T leader Morgan Tsvangirai’s former wife, Lorcadia Karimatsenga Tembo, has been taken to court by a local firm, which is seeking to recover $98 000 from her following a botched loan agreement deal.
Through one of its directors, Buhlebenkosi Ncube, Competitive Brandshapes also cited Ruth Machamba as a co-defendant in its application for a default judgement against the pair.
In a founding affidavit, Ncube said: “The time limited by the rules for the first and second defendants (Tembo and Machamba) to enter appearance to defend has since expired with no appearance to defend having been entered under case number HC1404/17.
The applicant (Competitive Brandshapes) now applies for default judgement against the first and second respondents.”
According to Ncube, Machamba was previously not a party under HC1404/17 but was later joined as a party by an order of the court after certain issues were taken into consideration.
“The first to third defendants enlisted the services of the plaintiff to apply for a loan from Ecobank in the sum of $98 000, which loan was eventually approved by the bank,” he said.
“The plaintiff duly paid over to the third defendant (Tembo) the sum of $98 000 through third defendant’s agent, namely Ruth Machamba, it being a term of the agreement that the first to the third defendants jointly and severally with the one paying the other to be absolved would contribute towards repayment of the loan to Ecobank.
“In default of their undertakings, the first to third defendants did nothing by way of contributing towards liquidation of this amount causing summons to be issued against the first to third defendants.”
Ncube also said the other defendants in the same matter, Ben and Loveness Maziwisa Muchemedzi, had entered their appearance to defend, while Tembo had not.
In the summons, Ncube also urged the court to order execution of property in the event that Tembo and Machamba failed to make good the claim.
“Defendants be and are hereby ordered jointly and severally and within seven days hereof, to pay the sum of $98 000 to Ecobank Zimbabwe together with interest thereon at 15% per annum calculated from the 3rd of May 2016 to the date of full payment,” Ncube said.