Dembare ownership wrangle re-ignited

Dembare ownership wrangle re-ignited
Published: 09 November 2017 (652 Views)
The battle to control Dynamos Football Club - one of the oldest football clubs in Zimbabwe - is raging on, seven years after an application was initially launched at the High Court.

The case has, however, taken a new twist after Dynamos Trust chairperson Isaac Nhema, filed an application seeking to have the Trust joined as a party to the court proceedings.

In the application, Dynamos Football Club and Dynamos Trust are the applicants while Richard Chiminya (late), Farai Munetsi, Frederick Mkwesha (late), Bernard Mariot Lusengo, Sunday Chidzambwa, Charles Gwatidzo, Robson Rundaba, Brian Kashangura, Kenni Mubaiwa, Harrison Mbewe, Mike George, David Mandigora, Owen Chandamale and Casper Muzenda are cited as respondents.

"…the applicant filed the urgent chamber application in HC1820/10 followed by yet another court application in HC2623/10 in a bid to interdict and restrain the malfeasance and offensive activities of the respondents. With time taking its toll, some of the respondents have since been deceased and necessitating substitution by others in amendments of the pleadings further fuelling the chaos and anarchy.

"What prompted the filing of the applications was in order to curb, if not eliminate altogether, the respondents' conduct which was inimical to and subversive of the running of the affairs of the applicant and Dynamos Football Club," the court heard.

Nhema said the Trust has a direct and substantial interest in the matters before the court.

"Having secured the relief sought in the present application, it is desirable for the board of trustees to probe the possibility of invoking the participation in the court matters of other stakeholders such as Zimbabwe Football Association (Zifa), National Professional Soccer League (NPSL), who are directly involved in the key aspects the affairs of the applicant and the football club," the court heard.

He further said that as the cases rage on, the declaration of dividends held in shareholding in Dynamos Football Club and the legitimate expectations of the beneficiaries of the Trust have been rendered obsolete.

"The majority of the shareholders and beneficiaries in the Trust are well past retirement age and realistically if the matters are allowed to drag on at the pace they are, they in all probability might not live to see the benefits come to fruition.

"The stark reality is that the licentiousness and harm that was sought to be stamped out by the court actions namely the malpractices over the safe custody, maintenance and control of the assets in the applicant overburdened by liabilities and unconscionable practices by the respondents rein unbridled," Nhema said.

Some of the respondents - Lusengo, Gwatidzo, Mubaiwa and Chandamale - have since challenged the application claiming Nhema has no authority to file an affidavit on behalf of the Trust.

"In respect of the first and third (Chiminya and Mukwesha) who at the time of the institution of the present application were deceased, the applicant's application ought to fail," the court heard.

"Regrettably, the parties in this matter have been involved in litigation at the centre of which is the control of Dynamos Football Club and its institutions. It is respectfully submitted therefore that in a matter which is marred by multiplicity of litigation of such a nature, the production of a resolution to confirm that authority to institution litigation is clearly indispensable."

The respondents said that the application is fatally defective and must be dismissed, adding that when the Trust was formed the court applications in which Nhema is seeking a joinder had already been launched.

The matter is yet to be finalised before the High Court.


- dailynews

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Tesla pfee in Zimbabwe

by Staff reporter | 20 October 2018 | 108 Views

Zimbabwean student use the old trick to get asylum in Ireland

by Staff reporter | 20 October 2018 | 128 Views

Joram Gumbo must leave office and face justice

by MDC Communications | 20 October 2018 | 113 Views

Zimbabwe teachers demand salaries in US$

by newzimbabwe | 20 October 2018 | 182 Views

'Chamisa's Alliance plotted a coup against Mnangagwa'

by Staff reporter | 20 October 2018 | 221 Views

Demand for Indian sex sweets rises

by Staff reporter | 20 October 2018 | 210 Views

'Chamisa won't be contested at congress' - no vacancy in MDC presidium

by Staff reporter | 20 October 2018 | 178 Views

Mthuli Ncube calls for political reforms

by Staff reporter | 20 October 2018 | 187 Views

Mnangagwa's minister exposed charging in USD refuses Bond notes

by Staff reporter | 20 October 2018 | 151 Views

Zimsec engages Deloitte And Touch over exam leaks

by Staff reporter | 20 October 2018 | 125 Views

The White Man who sent fear down Mugabe's spine

by Globe and Mail | 20 October 2018 | 117 Views

Human rights violations down in Zimbabwe

by Stephen Jakes | 20 October 2018 | 95 Views

Mliswa pleads with Finance minister to see importance of MPs vehicles

by Stephen Jakes | 20 October 2018 | 94 Views

Zimbabwe business are mercenaries out to loot the poor: MDC legislator

by Stephen Jakes | 20 October 2018 | 107 Views

Electric Tesla car causes stir on Zimbabwe social media

by Staff Reporter | 20 October 2018 | 110 Views

Zimbabwe army officers warned

by Staff reporter | 20 October 2018 | 131 Views

Biti savages Mthuli Ncube

by Staff reporter | 20 October 2018 | 104 Views

Zanu-PF backers justify army use of deadly force

by Staff reporter | 20 October 2018 | 111 Views

Zimbabwe tax system hit by low compliance levels

by Staff reporter | 20 October 2018 | 71 Views

Price controls, tinkering with the deck while the titanic is sinking

by Jacob Mafume, MDC National Spokesperson | 19 October 2018 | 230 Views

Man nearly killed over cooking oil

by Simbarashe Sithole | 19 October 2018 | 208 Views

Mnangagwa closing in on unscrupulous businesspeople

by Staff reporter | 19 October 2018 | 224 Views

Prophet sells congregant's vehicle

by Staff reporter | 19 October 2018 | 192 Views

Zanu-PF's Dexter Nduna confirmed Chegutu West MP

by Staff reporter | 19 October 2018 | 137 Views

Mnangagwa caps 1719 graduands

by Staff reporter | 19 October 2018 | 115 Views

ZCTU calls for resignation of Minister Gumbo

by Stephen Jakes | 19 October 2018 | 277 Views

Mnangagwa has to deliver and, urgently too

by Staff reporter | 19 October 2018 | 305 Views

Zanu-PF dictatorship, ideological dominance

by Vivid Gwede | 19 October 2018 | 225 Views

ZCTU, why spare Bulawayo council over rates hike

by Conway Tutani | 19 October 2018 | 204 Views

Motlanthe Commission risks playing into Zanu-PF agenda

by Staff reporter | 19 October 2018 | 225 Views

Councils challenged to generate own income

by Staff reporter | 19 October 2018 | 156 Views

Zimbabwe gender parity misses 50% mark, says Mohadi

by Staff reporter | 19 October 2018 | 116 Views

Zanu-PF official, sangoma jailed over pangolin scales

by Staff reporter | 19 October 2018 | 180 Views

Mliswa mocks Gender Commission

by Staff reporter | 19 October 2018 | 167 Views

Police harass senior Masvingo journalist

by Stephen Jakes | 19 October 2018 | 150 Views

Zimbabwe gold exports decline by 21%

by Staff reporter | 19 October 2018 | 173 Views