News / National
High Court rules out Rahman Gumbo’s case
21 Aug 2012 at 20:41hrs | Views
THE High Court has ruled that former FC Platinum head coach Rahman Gumbo's fears of eviction from the club's house and seizure of an official vehicle were baseless and unsubstantiated.
Justice Joseph Musakwa ruled that the said threats were based on hearsay and that there was no disclosure of the club's intention to unlawfully dispossess him. He also held that the urgent chamber application by Gumbo lacked urgency before dismissing it.
"The papers do not disclose any urgency. The letter from the respondent (club) that is supposed to grant urgency does not disclose any intention to unlawfully dispossess the applicant.
"In addition the threats allegedly issued through Mr Nyandoro (Gumbo's lawyer) constitute hearsay vis-à-vis the applicant's disposition," the court ruled.
Gumbo may pursue the case through a normal court application.
In the failed application, Gumbo insisted that his dismissal by FC Platinum was unlawful.
The coach said his application, filed through Hamunakwadi, Nyandoro and Nyambuya law firm, was in response to the attempts by the club to repossess the property they had given him in his capacity as coach.
It also emerged from the court papers that FC Platinum refused to compensate Gumbo for damages emanating from the "unlawful termination of contract that was due to run until May 2014".
Gumbo says his contract was terminated on July 3 this year after joining the club on June 1 last year.
He said he was contesting the dismissal through the normal labour route and it was yet to be determined.
On August 16, Gumbo said the club refused to compensate him and instead, it held that he should vacate the house and surrender the Isuzu double cab registration numbers ABT0252 he was using.
"Respondent went on to issue threats to applicant's lawyer Mr Nyandoro that they are going to seize the motor vehicle at any given opportune time and would also eject applicant out of accommodation premises at No 10 Impala Road, Abvalorem, Zvishavane. Applicant is convinced that respondent can carry out the aforesaid threats given respondent's arrogant manner in which he dealt with applicant's case of unlawful termination of his contract.
"Respondent has completely refused to engage applicant regarding his case and hence applicant had to go for conciliation," read part of the application.
Justice Joseph Musakwa ruled that the said threats were based on hearsay and that there was no disclosure of the club's intention to unlawfully dispossess him. He also held that the urgent chamber application by Gumbo lacked urgency before dismissing it.
"The papers do not disclose any urgency. The letter from the respondent (club) that is supposed to grant urgency does not disclose any intention to unlawfully dispossess the applicant.
"In addition the threats allegedly issued through Mr Nyandoro (Gumbo's lawyer) constitute hearsay vis-à-vis the applicant's disposition," the court ruled.
Gumbo may pursue the case through a normal court application.
In the failed application, Gumbo insisted that his dismissal by FC Platinum was unlawful.
The coach said his application, filed through Hamunakwadi, Nyandoro and Nyambuya law firm, was in response to the attempts by the club to repossess the property they had given him in his capacity as coach.
It also emerged from the court papers that FC Platinum refused to compensate Gumbo for damages emanating from the "unlawful termination of contract that was due to run until May 2014".
Gumbo says his contract was terminated on July 3 this year after joining the club on June 1 last year.
He said he was contesting the dismissal through the normal labour route and it was yet to be determined.
On August 16, Gumbo said the club refused to compensate him and instead, it held that he should vacate the house and surrender the Isuzu double cab registration numbers ABT0252 he was using.
"Respondent went on to issue threats to applicant's lawyer Mr Nyandoro that they are going to seize the motor vehicle at any given opportune time and would also eject applicant out of accommodation premises at No 10 Impala Road, Abvalorem, Zvishavane. Applicant is convinced that respondent can carry out the aforesaid threats given respondent's arrogant manner in which he dealt with applicant's case of unlawful termination of his contract.
"Respondent has completely refused to engage applicant regarding his case and hence applicant had to go for conciliation," read part of the application.
Source - TH
