News / National
High Court dismisses African Medical Investments' urgent application
26 Mar 2012 at 22:06hrs | Views
A HIGH Court judge has dismissed an urgent application by African Medical Investments seeking to have Trauma Centre owner Dr Vivek Solanki run the hospital together with the Medical and Dental Practitioners Council of Zimbabwe.
Justice Tedious Karwi ruled that there was no urgency in the matter and Dr Solanki was in lawful possession of the hospital. The hospital in question was last month given back to Dr Solanki by the High Court after AMI through its directors, allegedly seized it through a board room coup.
AMI had hired South African based lawyer Advocate Adrian de Bourbon to represent them after Advocate Thabani Mpofu renounced agency.
Mr Jonathan Samukange appeared for Dr Solanki's Autoband.
"There was nothing in the certificate of urgency submitted by Mr Simon Sadomba establishing urgency in this matter serve to equate it with the principal application.
"Nothing was said at all establishing urgency in this matter as a stand alone case. Furthermore, the counter applicant had ample opportunity from as far back as 2010 to raise issues to do with drawing up inventories and listing of assets. It would appear the counter applicant only saw the need for the inventories after it had been evicted from the medical facility."
Justice Karwi said he concurred with Mr Samukange's submissions that the request for inventories was now a hidden effort to wrestle the hospital from Dr Solanki who is running it.
He said to order a caretaker to run the medical facility was tantamount to reviewing the subsisting court order.
The judge said it seemed that the decision by the court to evict AMI has hurt the company that it was making an effort to take possession away from Dr Solanki.
Justice Karwi said this could be a case of Trauma Centre causing both physical and financial trauma to both parties involved in the case.
AMI sought an order to appoint the Medical and Dental Council of Zimbabwe to run the hospital with Dr Solanki.
They also wanted an inventory of the hospital assets to be drawn up.
Mr Samukange opposed the application arguing that his client had been running the clinic uninterrupted for 17 years.
He submitted that AMI forcefully took the hospital from Dr Solanki.
He also argued that the land on which the hospital was built was registered under Steamleigh Investments and the business is registered under Auto Band.
AMI directors and their top management last month vacated Trauma Centre after a court order.
Justice Tedious Karwi ruled that there was no urgency in the matter and Dr Solanki was in lawful possession of the hospital. The hospital in question was last month given back to Dr Solanki by the High Court after AMI through its directors, allegedly seized it through a board room coup.
AMI had hired South African based lawyer Advocate Adrian de Bourbon to represent them after Advocate Thabani Mpofu renounced agency.
Mr Jonathan Samukange appeared for Dr Solanki's Autoband.
"There was nothing in the certificate of urgency submitted by Mr Simon Sadomba establishing urgency in this matter serve to equate it with the principal application.
"Nothing was said at all establishing urgency in this matter as a stand alone case. Furthermore, the counter applicant had ample opportunity from as far back as 2010 to raise issues to do with drawing up inventories and listing of assets. It would appear the counter applicant only saw the need for the inventories after it had been evicted from the medical facility."
Justice Karwi said he concurred with Mr Samukange's submissions that the request for inventories was now a hidden effort to wrestle the hospital from Dr Solanki who is running it.
He said to order a caretaker to run the medical facility was tantamount to reviewing the subsisting court order.
Justice Karwi said this could be a case of Trauma Centre causing both physical and financial trauma to both parties involved in the case.
AMI sought an order to appoint the Medical and Dental Council of Zimbabwe to run the hospital with Dr Solanki.
They also wanted an inventory of the hospital assets to be drawn up.
Mr Samukange opposed the application arguing that his client had been running the clinic uninterrupted for 17 years.
He submitted that AMI forcefully took the hospital from Dr Solanki.
He also argued that the land on which the hospital was built was registered under Steamleigh Investments and the business is registered under Auto Band.
AMI directors and their top management last month vacated Trauma Centre after a court order.
Source - TH
