Mashudu Netsianda, Senior Court Reporter
MATER Dei Hospital has taken a Bulawayo man to court for failing to pay more than $10 000 in medical expenses incurred by his late relative during his admission to the hospital.
The debt emanates from medical services and drugs supplied to Mr Khairunnisa Abass by Mater Dei Hospital between January and March last year.
Mater Dei Hospital through its lawyers, Coghlan and Welsh Legal Practitioners filed an application for default judgment at the Bulawayo High Court citing the Estate of the late Abass, the guarantor Mr Yasin Mullaji and the Assistant Master of the High Court as respondents.
Mr Mullaji was cited as the first respondent by virtue of having bound himself as a surety for the medical bills.
Mr Abass was admitted to the Roman Catholic-run hospital after he was diagnosed with an ailment which was not mentioned in the court papers.
He allegedly owes the hospital $10 359 in services rendered and drugs supplied to him.
In her founding affidavit, Mater Dei Hospital’s credit controller Ms Meryl Elizabeth Herbst said Mr Mullaji is coming up with excuses and claiming that the estate of the late Abass has not yet been registered in terms of the law.
“The applicant can seek payment of the whole amount from the first respondent without suing the executor as he is a co-principal and he renounced all legal exceptions that a surety may ordinarily rely on,” she said.
Ms Herbst said despite having been given terms and time to pay, the respondents failed to settle the bill.
According to the hospital’s terms and conditions which were agreed upon between Mr Mullaji and the hospital, the money for Abass’ treatment was to be payable upon presentation of the account by the hospital.
Lawyers also stated that in the event that the hospital instituted legal proceedings against the defendants for the recovery of the amount due on the account, or any balance thereof, Mullaji undertook to pay the legal costs on an attorney-client scale.
Mater Dei Hospital is claiming the money with interest calculated from August 3 last year to the date of final payment and the cost of suit at attorney-client scale.
The respondents failed to respond to the summons issued by Mater Dei Hospital last year prompting the hospital to apply for a default judgment.