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Dembare offices to be locked today over a $4 900 debt

by Staff reporter
10 Apr 2013 at 02:44hrs | Views
Dynamos risks having its offices locked today if it fails to settle the US$4 900 debt owed to a Cypriot financial firm as part of enforcing a default civil court judgment obtained against the Harare football giant.

The popular club also stands to lose its trademark name and logo should it fail to resolve the issue.

The development comes as Dynamos poured cold water on the claim, saying it obtained a court judgment last year rescinding the order.

The sensational claim adds a new twist to the Dynamos saga where Qotho Finance successfully sought to attach the club's trade mark name and logo to enforce a default judgment that it won against the 2012 Premier Soccer League champions.

Lawyers representing Dynamos have written to the Messenger of Court, who was enforcing the judgment, alleging that the writ of execution attaching the club's trademark name and logo was obtained improperly.

"We bring to your attention that a default judgment on the basis of which the said attachment is purported to be effected had been rescinded on September 25 2012," said the lawyers, Gill Godlonton and Gerrans.

"For that reason, the writ of execution and the Notice of Attachment attached hereto are null and void.

"We are in the process of uplifting the relevant court order to confirm the rescission of the default judgment under case number 5449/12, a copy of which will be transmitted to your office by no later than end of day today.

Dynamos said the writ of execuction was issued improperly.

"We have already brought to the attention of the applicant in this matter that its conduct in causing the clerk of court to issue a writ of execution when it was very well aware of the fact that the judgment in question had been rescinded is quite clearly fraudulent and therefore criminal," said the club's lawyers.

"We have advised our client to report the matter to the Zimbabwe Republic Police, so we have copied this letter to the commercial crimes unit of the ZRP for their information and records."

By end of business yesterday, Dynamos had not yet produced evidence to the Messenger of Court showing that they had indeed secured judgment reversing the earlier court ruling.

A source close to the Dynamos saga said the Messenger of Court would proceed to enforce the court judgment after the popular Harare giants failed to bring the judgment nullifying the award in favour of Qotho Finance.

"Obviously, in the absence of any evidence showing that indeed there was a rescission of judgment, the Messenger of Court would proceed to enforce the court judgment," said the source.

"As you will notice, the letter written by the lawyers had indicated that they would bring the proof by Monday April 8, but it is now two days and nothing has come. This might be just a ploy to frustrate the execution of the judgment."

The civil court recently granted a default judgment in favour of Qotho Finance in a claim against Dynamos Football Club after the Harare soccer giants failed to oppose the application.

This means DeMbare, as the club is popularly known, can no longer use the name Dynamos and the logo until they settle the claim.

According to a Notice of Attachment in Execution by the Messenger of Court in case number 5449/12, Dynamos stand to lose their trademark unless they pay the money, together with legal costs.

Source - TH
More on: #Debt, #Dembare