LEBANESE businessman Jamal Ahmed, who is embroiled in a $1,4 million diamond ring wrangle with First Lady Grace Mugabe, has approached the Supreme Court challenging Judge President George Chiweshe’s recent ruling denying him access to his seized properties.
BY CHARLES LAITON
Ahmed is currently out of the country after the First Lady allegedly threatened him with unspecified action following his refusal to reverse the ring purchase agreement entered between the two parties.
In December last year, High Court judge Justice Clement Phiri issued a provisional order compelling Grace and her son, Russell Goreraza, to vacate all the properties they had seized from Ahmed. But, Justice Chiweshe last month reversed the order, saying it was issued erroneously.
This prompted Ahmed, through his lawyers, Mtetwa and Nyambirai, to approach the Supreme Court arguing the Judge President had no jurisdiction to overturn his subordinate’s judgment.
“The learned Judge President (Justice Chiweshe) erred in law and in fact in finding that under rule 449 (10(a) of the High Court Rules, he had the jurisdiction to set aside the final spoliation order granted by Phiri J on December 21, 2016,” Ahmed’s lawyers said.
“The learned Judge President erred in law and in fact to find that the only remedy available to the respondents was to appeal the spoliation order to the Supreme Court and also erred in law and in fact in holding mero motu (of one’s accord) that the order of Phiri J had been erroneously sought and erroneously granted and further, in failing to refer the matter to Phiri J to determine whether he had been misled.”
The lawyers also submitted that Justice Chiweshe erred in law and in fact in holding that Ahmed and his firms (Thatchfree Investments, Super Earth and Itchester Investments) had proceeded with their High Court matter in the absence of Grace, her son and one Kennedy Fero, when the latter were duly represented by their legal practitioners at the hearing after being denied a postponement.
They also accused Justice Chiweshe of failing to grant their clients a prohibitory interdict as final relief on the return day when all the requirements had been met.
The lawyers requested the Supreme Court to order that Grace and her co-accused to vacate Ahmed’s properties at number 409 Harare Drive, Pomona, number 18 Cambridge Road, Avondale, and number 75 King George Road, Avondale in Harare, and pay the costs of suit.
The matter is yet to be set down for hearing.