Form no.
(1)
Summons
Rule 12 (6)
IN THE HIGH COURT of ZIMBABWE CASE NUMBER
HC…../25
HELD AT HARARE
In the matter between:
FARAI KATONHA 1ST
PLAINTIFF
TENDAI KATONHA 2 ND
PLAINTIFF
And
BENJAMIN MUSWEWESHIRI
DEFENDANT
SUMMONS COMMENCING ACTION
TO THE DEFENDANT named above:
The Plaintiffs claim for;
a) Payment of the sum of US$50 000-00 (Fifty Thousand United States
Dollars) being damages emotional stress, depression and attack on
their personal integrity.
b) Interest thereon at the prescribed rate from the date of issuance of
summons to the date of payment.
c) Cost of suit on a higher scale.
A detailed statement of the Plaintiff’s claim is set out in the Plaintiffs’
Declaration, a copy of which is annexed to this Summons.
If you wish to oppose any of the Plaintiffs claims you must:-
a. Enter an appearance to defend by making an appropriate entry in the
appearance book kept in the office of the Registrar of the High Court of
Zimbabwe at Harare within ten (10) days after service of this sunmons
(Saturdays, Sundays and Public Holidays are not counted as part of this
ten-day period, nor is the day on which summons was served): and
b. Notify the Plaintiffs or their legai practitioners, in writing, at the
address given below, of your entry of appearance to defend. You must
give the Plaintiffs or their legal practitioners an address for service
within five (5) kilometres of the Court specified above, together with a
postal address.If you do not enter an appearance to defend, the
Plaintiff's claim will be heard and dealt with by the High Court without
further notice to you.The Sheriff or his Deputy is hereby required to
serve a copy of this Summons on the Defendant named above and,
immediately after doing so, to return a further copy of the Summons,
with a return of service in Form No 4 duly completed, to the Registrar
who issued it.
DATED AT HARARE THIS DAY OF SEPTEMBER 2025
IN THE HIGH COURT of ZIMBABWE CASE NUMBER
HC…../25
HELD AT HARARE
In the matter between:
FARAI KATONHA 1ST
PLAINTIFF
TENDAI KATONHA 2ND PLAINTIFF
And
BENJAMIN MUSWEWESHIRI
DEFENDANT
PLAINTIFFS’ DECLARATION
1. Service for the purposes of this action is care of its undersigned Legal
Practitioners, MESSERS Machaya & Associates, No 7 Eastcourt
Road, Belvedere, Harare.
2. The 2nd Plaintiff in this matter is TENDAI KATONHA. The 2nd Plaintiff’s
address for service for the purposes of this action is care of its
undersigned Legal Practitioners, MESSERS Machaya & Associates,
No 7 Eastcourt Road, Belvedere, Harare.
3. The Defendant is BENJAMIN MUSWEWESHIRI, a male adult whose
address for service for this matter is Muchinani Shop, Nyamapanda
Business Centre
4. The defendant is the member of Mudzi community and a well
respected Member of Parliament for Mudzi North Constituency.
5. On the 23rd day of April 2025 at Kotwa Resource Centre Mudzi where
there was a District Coordinating Committee meeting the Defendant
being somebody with an influential position in Mudzi District he had a
chance to address some members from Mudzi District to the effect that
he has been sent by the Province to inform the public that there was a
security threat in Mashonaland East Province.
6. In his address the Defandant mentioned names of the 1 st Plaintiff and
2nd Plaintiff (the Katonha Twins) when he indicated that “I have been
send by the Province to inform you that we have a security threat in
our Province, the Katonha Twins who are plotting to kill Hon Knowledge
Kaitano” in vertabin meaning ndatumwa neProvince kuti ndikuzivisei
kuti muProvince medu maita security threat ana Katonha Twins
warikuda kuuraya MP Kaitano, nekudaro ndanzi ndikuzivisei uye
Province yaita mobilize for resources to protect Honourable Kaitano.
Uye in ndakabuda mumaGroup eTAZI apo ndakaona kuti
irikushandiswa kuita fight musangano, saka ini ndinoita denounce
Twins Association, inofanira kurambidzwa kushanda muno muMudzi ne
Mash East.”
7. The Plaintiffs engaged the Defendant through the Mudzi District
Coordinating Committee and that’s where he confirmed that he
mentioned in his address that the province have send him to inform
the Mudzi Leadership that there was a security threat in Mashonaland
East Province who are the Katonha Twins( The Plaintiffs). The
Defendant failed to comment on the issue of denouncing Twins
Association.
8. The public address by the Defendant was so direct to undermine the
integrity of the Plaintiffs. The Plaintiffs are well recognized and
respected people within the Mudzi community and Zimbabwe at large
hence the Defendant’s address was an attack on their personal
integrity and dignity thereby causing emotional stress and depression
to the Plaintiffs. When he did this he was breaching the law by
attacking the Plaintiffs’ integrity and undermining their dignity.
9. In the circumstances, it is just and equitable that the Defendant be
ordered to pay the amount of US$50 000-00 (Fifty Thousand United
States Dollars) claimed together with interest and the costs of suits on
a higher scale.
10. The plaintiffs have made a demand to the defendant that he
retracts his statements but the defendant has failed, refused or
neglected to retract his defamatory statements.
11. Costs of suit on a higher scale.
WHEREFORE, Plaintiffs prays for the judgment against the Defendant for ;-
a. Payment of the sum of US$50 000-00 (Fifty Thousand United States
Dollars) being damages emotional stress, depression and attack on
their personal integrity.
b. Interest thereon at the prescribed rate from the date of issuance of
summons to the date of payment.
c. Cost of suit on a higher scale.
DATED AT HARARE THIS ……… DAY OF SEPTEMBER 2025
……………………………………
MACHAYA AND ASSOCIATES
PLAINTIFF’S LEGAL
PRACTIONERS
Number 7 Eastcourt Road
Belvedere
HARARE[KC/bc]
machayalawyers@machayaassociates.co.zw
0772 990 567
Id number 63-1450792 F38
TO: THE REGISTRAR
High Court of Zimbabwe
HARARE
AND
TO: Benjamin Musweweshiri
MUCHINANI SHOP
Nyamapanda Business Centre
0719 583 503 / 0772 583 503
