Johwa has the last laugh
Sharon Mathala | Wednesday May 28, 2014 15:11
The plaintiffs had alleged that Johwa and a company known as Rubee Red Trench, had hired machinery from Huatswana for a contract to debush an area where Masa Centre is erected.
The jazz musician was said to have bonded the deal with his residential plot located in the Phase Two neighbourhood of Gaborone.
The court had previously heard that while Huatswana leased the machinery to Rubee Red Trench as per the agreement on November 16, 2010 the latter only paid P220,000 of the contract amount, leaving arrears of P159,040.65.
Huatswana, however, subsequently failed to appear for roll call against Johwa, resulting in Justice Michael Mothobi dismissing the company’s case with costs in December 2012.
Huatswana’s lawyers returned to the High Court arguing that the dismissal of their case was only on procedure and not merit.
However, in dismissing Huatswana’s case last week, Tau said the only remedies available for the company were to apply for a rescission of Mothobi’s ruling or appeal the decision at the Court of Appeal.
“Huatswana does not deny that the claim against Johwa was previously dismissed with costs,” Tau said.
He said: “The claim was adjudicated upon and as such the order constituted a final judgment.”
Johwa’s attorney, Leonard Mosepele, had argued that since the claims against the jazz muso had already been dismissed, they could not be reinstated.
Mosepele said various precedents showed that while litigants could either appeal or apply for rescission of orders, they could not bring the same claims again in a different court where an order in the matter had previously been given.