FOMER Zanu PF Harare Youth League leader Jim Kunaka has lost most of his household furniture attached by the deputy sheriff after failing to settle a default judgment related to a 2008 assault case.
The High Court yesterday ordered the deputy sheriff to attach into execution movable property belonging to the former self-styled Chipangano leader after he reportedly assaulted one Prince Jack who was the applicant in the matter.
Chipangano is a gang of violent Zanu PF youths which operated in Mbare.
Taken from newzimbabwe.com
“You are required and directed to attach and take into execution the movable goods of Jimmy Kunaka of House No 4 Mbare Road, Mbare, wherever it might be situated; and of the same cause to be realised the sum of $4 000 together with interest thereon at the rate of 5% per annum from the 23rd of June 2009, when summons were issued, to date of full and final payment.
“Costs to be hereinafter taxed, being money due to the above-mentioned Applicant, which he recovered by judgment of this Court dated the 10th of December 2014,” the order said in part. “Further pay the said Applicant or his legal practitioners the sum due to him with costs as above-mentioned, and for your so doing this shall be your warrant”.
High Court judge Garainesu Mawadze, last year, ordered Kunaka to pay $4 000 to Jack who he assaulted at the height of the 2008 political disturbances.
Jack, through his lawyers from the Zimbabwe Human Rights NGO Forum, won a default judgment following Kunaka’s failure to respond to the 2009 summons. Jack told the court that he filed summons against Kunaka in June 2009, claiming $4 000 in damages, after being assaulted by Kunaka.
The summons were eventually served on Kunaka in July of the same year, but he did not bother to file a response.
In his submissions, Jack told the court that he was assaulted by Kunaka, who was in the company of other unidentified people. He said the incident took place on September 16, 2008, during the night, while he was walking with his friends and met Kunaka, who was in the company of his group.
“The respondent together with his colleagues then accused me for being part of the MDC group that had marched earlier on in the day.
“As a result, I sustained numerous injuries and suffered excruciating pain on the elbow and shin. I could not receive any medical treatment since the respondent had barred me from doing so and he even threatened me if I attempted to visit any clinic or hospital,” Jack told the court before the default judgment was issued.