News / National
Farai Matsika loses battle over control of Croco Motors
26 Jun 2024 at 10:55hrs | Views
Businessman Farai Matsika has lost his application for leave to appeal to the Constitutional Court against a Supreme Court decision, marking the second time he has faced a setback in a protracted legal battle over the control of Croco Motors.
Last year, the Constitutional Court dismissed another of his applications due to a lack of jurisdiction. In the current case, a panel of three Constitutional Court judges - Anne Gowora, Bharat Patel, and Gladys Hlatswayo - rejected Matsika's application, ruling that the Supreme Court had not addressed any constitutional issues, making its decision final and non-appealable.
The bench emphasized that justice did not warrant granting leave to appeal and highlighted that the application was improperly submitted under incorrect legal provisions, rendering the proceedings a nullity.
Matsika, along with Fairgold Investments Pvt Ltd, had contended that the Supreme Court misinterpreted legal requirements regarding the referral of constitutional issues and the application of tests for dismissing such requests. He sought to overturn the entire judgment, arguing it was based on flawed legal interpretations.
The legal dispute involves Matsika and his cousin, Moses Chingwena, over the ownership of Croco Holdings. Matsika claims to have spent over two decades building the business empire, whereas Chingwena is recognized by the courts as the rightful owner. The Supreme Court previously ruled that Matsika attempted to illegally seize control of the company, a decision upheld by multiple judges citing insufficient evidence from Matsika to support his ownership claims.
Despite his assertions and requests for forensic audits and valuations, Matsika has been unable to substantiate his claims of holding a 30% stake in Croco Holdings through Fairgold Investments. The court found discrepancies in his documentation and criticized him and his legal team for incompetence.
Last year, the Constitutional Court dismissed another of his applications due to a lack of jurisdiction. In the current case, a panel of three Constitutional Court judges - Anne Gowora, Bharat Patel, and Gladys Hlatswayo - rejected Matsika's application, ruling that the Supreme Court had not addressed any constitutional issues, making its decision final and non-appealable.
The bench emphasized that justice did not warrant granting leave to appeal and highlighted that the application was improperly submitted under incorrect legal provisions, rendering the proceedings a nullity.
Matsika, along with Fairgold Investments Pvt Ltd, had contended that the Supreme Court misinterpreted legal requirements regarding the referral of constitutional issues and the application of tests for dismissing such requests. He sought to overturn the entire judgment, arguing it was based on flawed legal interpretations.
The legal dispute involves Matsika and his cousin, Moses Chingwena, over the ownership of Croco Holdings. Matsika claims to have spent over two decades building the business empire, whereas Chingwena is recognized by the courts as the rightful owner. The Supreme Court previously ruled that Matsika attempted to illegally seize control of the company, a decision upheld by multiple judges citing insufficient evidence from Matsika to support his ownership claims.
Despite his assertions and requests for forensic audits and valuations, Matsika has been unable to substantiate his claims of holding a 30% stake in Croco Holdings through Fairgold Investments. The court found discrepancies in his documentation and criticized him and his legal team for incompetence.
Source - newzimbabwe
