IN THE HIGH COURT OF ZIMBABWE CASE NO.

HC 4736/04
HELD AT HARARE
In the matter between:

CITY OF HARARE Applicant

and

MUSAFARE BLAZEWELL DZAMARA Respondent

ANSWERING AFFIDAVIT OF KHULEKANI MOYO

I, the undersigned,

KHULEKANI MOYO

do hereby make oath and state that:

1. I have read the affidavit of the Respondent. In answer thereto I have the following to say.

AD Para 4

2. Dzikamai Machingura had truly gone on leave during the time in question as is apparent on
the leave form that I have attached hereto and marked “C”. The practice at our firm is that
every matter is important as such we treat every matter with the utmost care and attention
possible. As such I was aware of the gravity of the matter and treated it with the utmost
diligence and care. This as I have stated earlier was an honest mistake on my part.

Ad Para 5

3. It is also the practice at our firm to remind client of forthcoming court dates especially
corporate clients. The call I made to the Applicant was, therefore a mere reminder. As this
was by no means the first time the client had been informed of this appointment as it was
informed of this appointment by our Mr. Machingura in a letter dated 29th of March 2004. I
have attached hereto a copy of the said letter and marked it “D”.

Ad Para 6-7

4. No issues are raised.

Ad Para 8-9

5. I verily believe that the Applicant has a valid defence to the Respondent claim as set out in
paragraphs 13-15 of my founding affidavits, which paragraphs I reiterate herein. Regards
being heard to the Respondent’s claim that his claim should be revised or increased to $ 5
200 700.73. This is denied and the Respondent is put to the strict proof thereof. In any event
the correct procedure for such an amendment would be to amend the pleadings.
 Ad Para 10

6. I believe that the Applicants defence is well set out in my founding affidavits. As such I
maintain and insist that the applicant has a bona fide defence to the claim and in the interest
of justice and equity its should be given an opportunity to be heard.

7. I therefore pray that the court exercise its discretion in granting the Applicant the order as set
out on the draft order attached to Application for rescission of judgment.

Signed and sworn at Harare on this 2nd of July 2004.

______________________
KHULEKANI MOYO

Before me

_____________________
COMMISSIONER OF OATHS