Mohadi ordered to surrender companies

HOME AFFAIRS minister Kembo Mohadi, his wife Tambudzai Mohadi and four Beitbridge businessmen have been directed by the High Court to restore possession of three border town companies that are at the centre of ownership wrangle to the Liquidator for winding down.

The companies are at the centre of an ownership wrangle between Mohadi, Tambudzai, John Josias Moyo, Alistar Moyo, Brian Moyo and TK Moyo on one hand and Beitbridge businessman Reginald McGillivray Dawson on the other.

The three companies in dispute are Red queen trading, Spoornet Investments and Nerry Investments all based in the border town.

Barbara Lunga, the firm's liquidator made an urgent chamber application to the High Court to be restored possession and control of the companies' assets.  Brian Moyo and John Moyo allegedly dispossessed Lunga control of Spoornet in October 2012 when they went to the premises with a truck load of their supports armed with axes, sticks and other dangerous weapons.

According to a 2012 judgment by High Court Judge, Justice Lawrence Kamocha, Brian Moyo and John Moyo forced open the gate and poured into the premises of the company, forcing the security guards to flee.

"The respondents then announced to the company's clients that they had taken over and were in charge from then onwards," read part of the judgment.

"That was self-help and anarchy.  It was a clear case of spoliation.  The status quo ante needs to be restored. In the result the court had to issue the provisional order to achieve that."

However, Brian Moyo and John Moyo appealed that judgment and subsequent judgments that followed. But last week High Court Judge, Justice Martin Makonese brought to a halt the marathon court proceedings granting the order that liquidator, Lunga sought.

"The first, second, third, fourth and sixth respondents and anybody purporting to act for and on behalf of the aforesaid are hereby interdicted from entering or interfering with the applicant or any person authorised by the applicant to be in possession and control of any of the aforesaid stands and assets," read part of the order granted by Justice Makonese.

Among assets to be restored to Lunga are stand 1418 Beitbridge, fuel tanks on stand 1418, Beitbridge and stand 1419 Beitbridge, together with improvements, according to the court judgment.

The six respondents argued that Justice Makonese should not make his order permanent, as the liquidator was seeking a final through the "backdoor." Nonetheless Justice Makonese disagreed with the respondents.

"In matters of spoliation the only remedy that a litigant can seek by way of a provisional order is an order for restoration of the status quo ante. Simply put, a party who seeks a provisional order for spoliation seeks an order to prevent conduct which amounts to self-help," said Justice Makonese.

He added that Mohadi and other respondents did not suffer any prejudice from the order granted for the following reasons. Said Justice Makonese, "Lunga is seeking an order to be restored possession of her assets, not to be interfered with her possession; the respondents have not contended that Lunga was not in undisturbed and lawful possession."