DYNAMOS Football Club’s board chairperson, Bernard Marriot Lusengo, has urged the court to dismiss Dynamos Trust’s bid to be included in the on-going wrangle for the control of the club. Lusego said the trust had no business in the impasse between the fighting parties. Judgment in the matter was reserved yesterday.
BY CHARLES LAITON
Sometime in May this year, Dynamos Trust approached the court seeking to be joined as a party to the proceedings with a view “to bring finality to the on-going squabbles” in a matter in which the football club is seeking to interdict its founding fathers from interfering with the club’s operations.
In his affidavit filed, alongside the application, the trust’s chairperson, Isaac Nhema, said the sluggard pace at which the 2010 court matters had so far been handled had left ravages of the vested rights of not only the football club but also painted a slurred image of the football fraternity.
But, in response to Nhema’s claims Lusengo, through his lawyer Herbert Mutasa said the application was incurably defective for the reasons that Dynamos Trust did not have locus standi to institute court proceedings.
“On that basis alone, the application ought to be dismissed with costs on the higher scale as it is frivolous and vexatious,” Lusengo said, adding Nhema had also incorrectly cited Richard Chiminya and Fredrick Mukwesha, who were both deceased.
Through his lawyers, Nhema argued that the trust had a mandate and interest in the affairs of the football club since its board of trustees were directly linked to the football club as a company, but his assertions were dismissed by Lusengo.
“The entity being cited as Dynamos Trust, as has already been stated is alien and has no place in the structure of both Dynamos Football Club (Pvt) Ltd and Dynamos Football Club. There is no recognisable interest that a stranger such as Dynamos Trust can enjoy in a case whose outcome will have no bearing on it,” Lusengo said.
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Lusengo’s averments were also supported by his co-defendants Charles Gwatidzo, Kenny Mubaiwa and Owen Chandamale.
Judge President George Chiweshe, who was presiding over the matter, asked the trust’s lawyer if the trust and the Dynamos Football Club (Pvt) Ltd were one and the same thing to which he replied in the negative.
Before judgment was reserved, Mutasa submitted that the trust’s reference to the 1963 constitution of Dynamos Football Club was completely unhelpful given that the aforesaid constitution was repealed sometime in 2008.
“The applicant, having been registered as a trust in 2010, after the constitution had been repealed as aforesaid, I deny that the aforesaid registration would have been in accordance with the 1963 constitution,” he said.
Sometime in 2010, Dynamos Football Club approached the court twice seeking to bar Chiminya, Farai Munetsi, Mukwesha, Lusengo, Sunday Chidzambwa, Gwatidzo, Robson Rundaba, Brian Kashangura, Mubaiwa, Harrison Mbewe, Mike George, David Mandigora, Chandamale and C Muzenda from interfering with the club’s operations.
However, seven years later the matters had not been completed, prompting Nhema to approach the court through the trust in an alleged attempt to revive and bring the issues to finality.
