Watershed Schools Trust Versus Allan Cimas Mpofu

### Preamble
1
HH 589-18
HC 2596/18
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WATERSHED SCHOOLS TRUST

versus

ALLAN CIMAS MPOFU

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 16 May 2018

Provisional Sentence

Ms S Chichaya  for the Plaintiff

Defendant in person

ZHOU J:   This matter for provisional sentence was set down on the roll for 16 May 2018.  The defendant appeared in person.  After hearing submissions, I granted provisional sentence in terms of the draft order.  On 1 June 2018 the defendant filed a notice of appeal in the Supreme Court which was filed with the registrar of this court on 4 June 2018, hence the request for the reasons for the order made.

The plaintiff issued a summons for provisional sentence against the defendant.  The summons is based on written acknowledgment of debt duly signed by the defendant on 8 January 2018.  In terms of the acknowledgment of debt the defendant admitted to being indebted to the plaintiff in the sum of US$12 508.00 in respect of the capital sum.  He also accepted the plaintiff’s entitlement to charge a monthly administration of $50.00 and a late payment fee of $50.00 if he failed to make payments as agreed in that document.  It is not in dispute that the defendant failed to pay the debt in accordance with the terms of the acknowledgment of debt.

At the hearing the defendant appeared in person.  He admitted to owing the amount claimed in the summons for provisional sentence.  He stated that an agreement was reached between the plaintiff and his legal practitioner for him to pay a sum of $729.00 so that his child could be admitted in school.  He did not ask for the matter to be postponed for his legal practitioner to attend.  In fact, there would have been no reason for him to make that request because he admitted the amount being claimed.  His payment of $729.00 was to avert the exclusion of his child from attending lessons as per the alleged agreement between his lawyer and the plaintiff.  The agreement and payment of the $729.00 did not absolve him of his liability to pay the balance due which is the amount being claimed in the summons.

In the result, provisional sentence was granted.

Gill Godlonton & Gerrans, plaintiff’s legal practitioners