News / National
Beitbridge court rebuffs Mohadi request
15 Jul 2019 at 07:56hrs | Views
A BEITBRIDGE magistrate has dismissed an ex-parte application by Vice-President Kembo Mohadi seeking to have solitary access to a bank account he jointly holds together with two other businessmen he has since dumped.
Beitbridge magistrate Perseverance Makala gave Mohadi, through his lawyer Norman Mugiyo, a date to come for a proper hearing and that he must serve for the hearing Oscar Chiromo, Tichaona Mushipe and the CBZ Bank cited in the failed application as respondents number 1, 2 and 3, respectively.
Makala also found the "embarrassingly defective" chamber application by Mugiyo for Mohadi was not urgent.
"In what terms of rules are you basing your application, since it's not mentioned in form c1/17 of the new rules and order," asked Makala, who also failed to understand why the application was devoid of commissioned affidavits, a basic requirement.
"Order 22 Rule 7 of the Civil Rules indicate the procedure to be followed when it comes to an ex parte application. I am basing on Order 23," she said in her dismissal of the application.
She asked Mohadi to proceed by a notice, saying the application before her did not fall under ex parte.
In the application, Mohadi sought an order from the court to allow him to withdraw funds raised from a joint business operation with Chiromo and Mushipe banked with CBZ Bank at Beitbridge.
He alleged the two were refusing to release his money held in an account they jointly opened.
Malindi Storage and Logistics (PVT) Limited, a company Mohadi formed with Chiromo and Mushipe was cited as the first applicant.
Mohadi sometime this year dumbed his partners through another court application in which he said the two were taking advantage of him and misusing his good name.
In that application, Mohadi said he had not gone into the joint venture willingly and wanted out.
Beitbridge magistrate Perseverance Makala gave Mohadi, through his lawyer Norman Mugiyo, a date to come for a proper hearing and that he must serve for the hearing Oscar Chiromo, Tichaona Mushipe and the CBZ Bank cited in the failed application as respondents number 1, 2 and 3, respectively.
Makala also found the "embarrassingly defective" chamber application by Mugiyo for Mohadi was not urgent.
"In what terms of rules are you basing your application, since it's not mentioned in form c1/17 of the new rules and order," asked Makala, who also failed to understand why the application was devoid of commissioned affidavits, a basic requirement.
"Order 22 Rule 7 of the Civil Rules indicate the procedure to be followed when it comes to an ex parte application. I am basing on Order 23," she said in her dismissal of the application.
She asked Mohadi to proceed by a notice, saying the application before her did not fall under ex parte.
In the application, Mohadi sought an order from the court to allow him to withdraw funds raised from a joint business operation with Chiromo and Mushipe banked with CBZ Bank at Beitbridge.
He alleged the two were refusing to release his money held in an account they jointly opened.
Malindi Storage and Logistics (PVT) Limited, a company Mohadi formed with Chiromo and Mushipe was cited as the first applicant.
Mohadi sometime this year dumbed his partners through another court application in which he said the two were taking advantage of him and misusing his good name.
In that application, Mohadi said he had not gone into the joint venture willingly and wanted out.
Source - newsday
