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Messenger of court ‘forced’ to return Masomere property

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Messenger of court ‘forced’ to return Masomere property



MASVINGO – A messenger of court has under unclear circumstances returned goods impounded from DJ Masomere for failure to pay a US$608 debt.
DJ Masomere is famous for his Zvakwana Jah Prayzah call at the inauguration of Emmerson Mnangagwa.
Masomere got the property attached over a debt which he accumulated while hiring a Public Address (PA) system which he used at 11 rallies conducted by Mnangagwa.
Edwin Simbarashe Mupakamiso of Meldwin Tech Investments has since given the messenger of court Daniel Gwapedza Mugabe seven days to give a written response as to why he returned the goods. The ultimatum also says that Mugabe must re-impound the goods under MSVPSCC161/23 within that period.
The ultimatum urged the messenger to adhere to duties and responsibilities without prejudice or inconsistencies in the legal process and to ensure that justice is served.
The complaint was handed over to Provincial Magistrate Farai Gwitima on Wednesday.
DJ Masomere, a teacher at Ndarama High in Masvingo had his defy deep refrigerator, an upright Capri refrigerator, a plasma 65-inch Ecco television, a piece lounge set and a wooden television stand attached.
Efforts to get a comment from Magistrate Gwitima were futile as his mobile phone could not be reached.
Mugabe declined to comment when contacted for a comment.
“I am not allowed to comment to the Press. Go to the courts and get what you seek,” said Mugabe.
“I am writing to bring to your attention a complaint against Masvingo Messenger of Court in connection with Case NO MSVPSCC161/23. On the 28th of July 2023, I, Edwin Mupakamiso, on behalf of Meldwin-Tech Investments (Pvt) Ltd, requested the Messenger of Court to execute a court process as defined by Magistrate Court Civil Rules Order 2 which prescribes the duties of Messenger of Court. Unfortunately, I do not believe the court process was executed properly. Specifically, the messenger made a mistake of returning attached property without a court order and consequently obstructed and delayed the course of justice…,” reads part of the ultimatum.
Meldwin won a default judgment against Masomere on July 28, 2023, and had his property attached on August 2, 2023, from his house at 27827 Tongogara Street, Pangolin, Masvingo. The entertainment company paid Mugabe US$72 for his services.
Mugabe, however, returned the attached property on August 24, 2023, without a court order.
Part of the writ given to Masomere reads, “Goods removed as per inventory 1x deep freezer, 1x double door white Capri upright fridge, 1x 65” colour TV, 1x TV stand wooden. Goods removed for sale”. Masomere appealed against the initial default judgment granted to Meldwin-Tech Investments on August 3, 2023. An appeal does not warrant the release of the attached property.
He filed for a rescission of judgment that was dismissed with costs by Magistrate Isaac Chikura on Tuesday last week.
Masomere gained overnight fame after ordering Jah Prayzah to stop performing during Mnangagwa’s inauguration on Monday last week. His voice is heard saying ‘Zvakwana Jah Prayzah, Thank you Jah Prayzah’. There are fears that he used his closeness to the ruling elites to undermine the judicial system.

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