By Caroline Murapa
ZimDaily
October 20, 2007
http://zimdaily.com/news/117/ARTICLE/2267/2007-10-20.html
BULAWAYO – The adultery lawsuit against disgraced former Archbishop Pius Ncube took a new twist this week after lawyers representing Onesimus Sibanda were compelled to withdraw heads of argument they had filed last month Zimdaily has learnt.
The heads of argument were filed under case number HC1883/07 following the cleric's court application which sought to compel Sibanda to reveal specific details concerning the adultery allegations that Ncube stands accused of committing.
Advocate Nicholas Mathonsi who represents Ncube in a letter addressed to Munyaradzi Nzarayapenga, Sibanda's lawyer, copied to the High Court Registrar and dated 21 September wrote:
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| Archbishop Pius Ncube |
"We notice that on 12 September 2007, you filed heads of arguments in this matter. We wish to bring to your attention that the said heads of arguments were filed prematurely given that our notice of opposition was only filed on 27 September 2007.
"Our client is entitled to file an answering affidavit to the opposing affidavit and has not waived the right to do so.
"In light of that, our view is that you should withdraw your heads of argument. If you elect not to, their filing will remain of no procedural consequence and we place it on record that the provisions of Rule 238 (2b) as read with Rule 238 (3) of the High Court shall not come into effect.
"Please let us have our response by 26 September 2007," reads part of the letter.
In response to that, Nzarayapenga filed a notice of withdrawal of the heads of argument, dated 2 October 2007.
"Take note that the respondent hereby withdraws his heads of argument filed in the high court on 12 September against Applicant", the letter read.
Sibanda, who claims that the cleric had an adulterous relationship with his wife Rosemary, slapped Ncube with a $20 billion lawsuit.
Ncube has not pleaded to the charge, choosing instead to file a string of requests for further particulars, arguing that the case against him is vague, a claim that has been dismissed by Sibanda as an abuse of the court process and a delaying tactic.
To buttress his point, the former archbishop filed a court application seeking an order compelling Sibanda to reveal specifics about the alleged adultery.
Sibanda has refused to supply him with the demanded specifics, arguing that they form part of the evidence which is not necessary at this stage of the case, as Ncube has to plead first.
The sex scandal has led to Ncube resigning from his post as Archbishop of the Bulawayo Diocese although he remains a Catholic bishop.
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