Kunaka to pay $4k in assault damages

JIM Kunaka, the former Zanu PF youth chairperson for Harare has been ordered to pay $4 000 by the High Court, to a harare man he assaulted in 2008 .

High Court judge Garainesu Mawadze ordered Kunaka to pay costs of the suit.

“The respondent shall pay to the applicant the total sum of $4 000 together with interest at the prescribed date from the date of summons to date of final and full payment,” reads the judgement

Prince Jack, through his lawyers from the Zimbabwe Human Rights NGO Forum won a default judgement 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

Taken from Dailynews

The summons were eventually served on Kunaka in July of the same year, but he did not bother to file a response.

“Despite receiving summons, the respondent (Kunaka) has failed, refused and/or neglected to enter an appearance to defend within the prescribed time and accordingly was automatically barred from doing so.

“I am therefore applying for a default judgment on that basis,” Jack said.

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 of being part of the MDC group that had marched earlier on in the day, and they then apprehended and indiscriminately assaulted me with an assortment of weapons.

“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.

 

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