United Family International Church (UFIC) leader Emmanuel Makandiwa and his wife Ruth have turned the tables against a business couple demanding $6,5 million from them for allegedly making false prophesies.
The couple filed an application in the High Court last week, challenging Blessing and Upenyu Mashangwa’s claims, saying the couple’s demands were based on falsehoods, are frivolous, vexatious and an abuse of the court process.
Court papers filed by their lawyer, Lewis Uriri, the UFIC founders also want the Mashangwas jailed on contempt of court charges.
They are also seeking the court to disallow proceedings in the main application, where the Mashangwas are making six claims in their demand for $6,5 million.
“The contemptuous and deliberate pleading of falsehoods in this case is so brazen that it calls for a citation to be served at the instance of the court upon each of the respondents to personally appear before a judge of this court and show cause why each of them should not be held to be in contempt of court and committed therefore,” reads part of the application filed in terms of Order 11 Rule 75 of the High Court Rules.
“This should serve as a deterrent to busy-bodies keen on the deliberate plea of falsehoods known to be such for reasons unconnected to the pursuit of justice in the conventional sense. The court is not a circus. It has no room for jesters and busy-bodies who utilise its process for their own amusement and grandstanding. The litany of litigation involving the respondents in this court as exhibited herein, and as shall further be related to in heads of argument by reference to the court’s records demonstrates conclusively that the respondents are busy-bodies that take this honourable court for a playhouse,” Makandiwa said.
The Mashangwas claimed in court papers that they lost their property after they had ignored a $500 000 debt they had with a local financial institution after receiving a prophecy from Makandiwa to the effect that there was going to be a miraculous debt cancellation.
Makandiwa is, however, arguing that it was “ridiculous and unworthy” to conclude that the Mashangwas acted on a representation that was made in respect of the debt they owed.
He said the property in question was owned and remain owned by Carmeco Investments (Private) Limited.
“Deed of Transfer number 10763/02 dated September 24, 2002 shows that the said property was never attached in execution as alleged by the plaintiffs. There is no endorsement of the alleged attachment on the face of the deed. The respondents are challenged to provide copies of the alleged judgment, notice of attachment and record of the alleged sale in execution on oath,” he said, adding that the Mashangwas were never misrepresented to in the manner alleged in court papers.
He argued that all the six claims lacked merit and must not be entertained by the court on that basis.
“The court is thus invited to protect itself from an abuse and contempt of its process as well as to protect the applicants from obvious harassment, abuse and annoyance at the hands of the respondents. I am advised and believe that the summary remedies of the common law and the rules of court are meant to precisely achieve this purpose.
“We make the present application on the grounds that the action is not only both frivolous and vexatious, but also a self-evident gross and contemptuous abuse of the process of this court,” Makandiwa said in an affidavit.
He further said the six claims by the Mashangwas, who are the owners of Oceane Perfumes, are founded on falsehoods.
“The principal case must accordingly be summarily dismissed pursuant to rule 75 (1) aforesaid. The logical summation and consequences of the facts pleaded is that the principal case is not deserving of serious consideration as no reasonable person can ever hope to obtain relief there from. It suffers from predictable failure and was filed solely for the purposes of grandstanding and annoying us,” he said.
The Mashangwas have not yet responded to the application.