MUSICIAN Felistas Murata aka Mai Titi, pictured, who has been slapped with a
$500 000 defamation suit, has been given a reprieve after the High Court granted stay of execution of the order pending hearing of the application for rescission of judgment.
This was after Murata had labelled businesswoman Memory Muyaka a witch and prostitute in live Facebook broadcasts.
Murata’s lawyers, Machiridza Commercial Law Chambers, confirmed that Justice Chikowere granted their application on Monday.
“Pending the hearing of the application for rescission of the judgment, Muyaka cannot execute against Murata’s property. She cannot get the benefit of the default judgment pending that determination because it was irregularly obtained,” lawyer Tariro Machiridza said.
Murata had filed an application for Muyaka to be interdicted from executing the order granted by Justice Edith Mushore on September 23 pending the hearing of her application for rescission of the court order.
“The respondent is armed with a judgment that she fraudulently sought and was erroneously granted, which judgment the respondent intends to act upon imminently by taxing against the applicant’s property the value of $500 000,” Machiridza said.
“The applicant has approached this court seeking rescission of the default judgment and now seeks the stay of execution of the said erroneous judgment pending the determination of the application for rescission of judgment. The applicant has no other remedy to avoid the impending harm but to approach this court.”
In a letter addressed to the registrar of the High Court, Muyaka’s lawyers said they would not be opposing the application for rescission of judgment if there is no order for costs against them.
The judgment was delivered on September 23; two days after Murata had served Muyaka with her plea that outlined how she was defending the claim.
“What is clear without a shadow of doubt is that there was continual exchange of court processes between the parties without any incident. The only challenge arose when the respondent surreptitiously and fraudulently proceeded to obtain a judgment of plea against myself,” Murata said.
“The respondent through the motion court mounted an application in my default alleging that I had not filed my defendant’s plea after she put me on notice to September 1. The respondent was thus granted a default judgment against me when she fully knew that I had actually filed my plea with the registrar of the court.
“So cunning and deliberate was the respondent’s legal counsel that she conveniently omitted to state this fact to her ladyship (Justice) Mushore when she appeared before her.”
According to court records, between November 17 last year and April 3 Murata, who has over 270 000 followers on Facebook, published several broadcasts on the platform and on Whatsapp about Muyaka whom she also calls Mai Khloe or Mai Maketeni.
The court heard that Murata labelled Muyaka a prostitute, witch and a gossip and accused her of blackmailing her clients.
The two were friends before they began accusing each other of jealousy, prompting Murata to take to Facebook to express her anger.
Murata is claimed to have said Muyaka belonged to a society called the illuminati that is believed to be involved in satanism. She then accused Muyaka of attempting to kill her through illuminati.