STATE Security minister Kembo Mohadi, who recently visited Malawian Prophet Sheperd Bushiri, has lost a 5-year court case in which he and his co-defendant, John Moyo, illegally removed a business partner from being a director of a co-owned company. Mohadi and Moyo, removed Reginald Dawson from being the director of Nerry Investments in 2011.
Bulawayo High Court judge, Justice Martin Makonese, in his ruling said:
The respondents have not dealt with the preliminary points raised against them in the heads of arguments. On both points respondents contend that the notice of opposition is not rendered fatal by the omissions. It now seems fashionable and indeed customary for litigants to deliberately abstain from complying with the rules only to appear in court and casually, without any explanation, ask the court to condone the non-observance of rules of court.
This practice is absolutely unacceptable and the court will only exercise its discretion when it is in the interests of justice to do so … The failure to comply with the provisions of the law was occasioned by the very fact that no valid meeting was held, as it was null and void. The annual general meeting of the first respondent purportedly held on December 13, 2011 and convened by second and third respondent be and are, hereby declared invalid and unlawful.
He ordered Mohadi and Moyo to pay the costs of the suit.