News / National
Mohadi company wrangle rages on
05 Jun 2017 at 06:39hrs | Views
THE legal wrangle over ownership of two liquidated Beitbridge-based shipping companies, Red Queens Trading (Pvt) Ltd and Spoornet Investments (Pvt) Ltd, has taken a new twist, with the liquidator Barbara Lunga challenging attempts by State Security minister Kembo Mohadi and his ally Josias John Moyo, to push her out.
Lunga filed her opposing papers last week after Moyo approached the Harare High Court on May 15 this year seeking an order to remove Lunga from being liquidator of the two companies. In his application, Moyo cited Lunga, Red Queen Spoornet, Deputy Master of the High Court Bulawayo and Registrar of Deeds as respondents.
But, Lunga, through her lawyer, Welshman Ncube, argued that Moyo had no authority to demand her removal.
"The applicant of the founding affidavit Josias John Moyo has no locus standi to bring this application, as he is neither a contributor nor a shareholder, but a creditor and as such he does not have any interest in the affairs of both companies," Lunga argued.
Moyo and Mohadi have for a long time been fighting to take over the liquidated firms from former owners Jane Dawson and her husband Reginald McGillivray.
"I am advised that this court can only remove from office in my personal capacity as legally any acts of misconduct if proven to be true, cannot be undertaken in a representative capacity," she said.
"I am further advised that my citation as Barbra Lunga can only mean that I am cited nominee officio as representative of the second (Red Queen) and third respondent (Spoornet investments) which are companies in final liquidation.
"To this end I respectfully submit that the person sought to be removed from office namely Barbra Lunga the natural personal has not been properly cited
in this application, as I have not been the part to the proceedings in my personal capacity." read the affidavit.
Lunga submitted that the application was fatally defective and the relief sought a nullity.
Lunga filed her opposing papers last week after Moyo approached the Harare High Court on May 15 this year seeking an order to remove Lunga from being liquidator of the two companies. In his application, Moyo cited Lunga, Red Queen Spoornet, Deputy Master of the High Court Bulawayo and Registrar of Deeds as respondents.
But, Lunga, through her lawyer, Welshman Ncube, argued that Moyo had no authority to demand her removal.
"The applicant of the founding affidavit Josias John Moyo has no locus standi to bring this application, as he is neither a contributor nor a shareholder, but a creditor and as such he does not have any interest in the affairs of both companies," Lunga argued.
Moyo and Mohadi have for a long time been fighting to take over the liquidated firms from former owners Jane Dawson and her husband Reginald McGillivray.
"I am advised that this court can only remove from office in my personal capacity as legally any acts of misconduct if proven to be true, cannot be undertaken in a representative capacity," she said.
"I am further advised that my citation as Barbra Lunga can only mean that I am cited nominee officio as representative of the second (Red Queen) and third respondent (Spoornet investments) which are companies in final liquidation.
"To this end I respectfully submit that the person sought to be removed from office namely Barbra Lunga the natural personal has not been properly cited
in this application, as I have not been the part to the proceedings in my personal capacity." read the affidavit.
Lunga submitted that the application was fatally defective and the relief sought a nullity.
Source - newsday
