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Kembo Mohadi left with egg on face

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Home Affairs co-minister Kembo Mohadi has been left with egg on his face after Bulawayo High Court judge Justice Lawrence Kamocha divested him of the directorship of a Beitbridge company which he grabbed from white businessman Reginald McGivillivray at gunpoint and later applied for its liquidation.

Home Affairs co-minister Kembo Mohadi has been left with egg on his face after Bulawayo High Court judge Justice Lawrence Kamocha divested him of the directorship of a Beitbridge company which he grabbed from white businessman Reginald McGivillivray at gunpoint and later applied for its liquidation. By Richard Muponde Senior Court Reporter

In his ruling delivered on Thursday, Kamocha said Dawson was the legitimate owner of the freight clearing company, Nerry Investments (Pvt) Ltd.

Dawson had sought to have Mohadi divested of his shareholding in the company saying the Zanu PF legislator had illegally acquired the shares.

He told the court Mohadi had stormed his house with two guards armed with AK47 rifles demanding shares.

Mohadi and business partner John Josias Moyo were directors of the disputed company, Nerry Investments Private Limited. Dawson and his wife Susan were the applicants in the case.

“I pause to observe that the respondent’s (Moyo) attitude is very difficult to understand,” said Kamocha in his ruling.

“In one breath he says the averments in the founding affidavit are defamatory and in the next he says he saw no need to delve into the merits of such allegations. In fact, the allegations are very serious and detailed. Any injured party would reasonably refute them in order to defend his good name and reputation. For instance, the other director of the respondent (Nerry Investments) Kembo Mohadi against whom substantial allegations were made in the founding papers, did not even file any opposing papers. As stated earlier, the allegations are detailed and serious. They should have been refuted, if they had been devoid of merit. It is now trite that what is not denied is taken as having been admitted.”

Kamocha ruled that Dawson was correct in instituting the application.

“In the result, it is ordered that the provisional order issued by this court on July 4 2012, be and is hereby confirmed with costs,” ruled Kamocha.

Moyo had opposed Dawson’s application for the company’s liquidation and appointment of Barbra Lunga of Impact Trust and Executors (Pvt) (Ltd) as the liquidator.

In light of Kamocha’s ruling, Lunga will oversee the liquidation of the company.