BY CHARLES LAITON
The Dynamos Trust suffered a major blow in its bid to have a say in the never-ending club ownership wrangle after Judge President Justice George Chiweshe dismissed the application made by the trust’s chairperson, Isaac Nhema.
Justice Chiweshe ruled that Nhema had no legal authority to represent the trust in the battle for Harare football giants between the current executive led by Bernard Marriot Lusengo and the founding members.
The judgment follows Dynamos Football Club’s board chairperson, Marriot-Lusengo’s request for the court to dismiss Dynamos Trust’s application.
Sometime in May 2017, 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, Nhema had alleged that the sluggard pace at which the 2010 court case had been handled, had left ravages of vested rights of not only the football club, but also painted a slurred image of the football fraternity.
However, on February 5, 2020 Justice Chiweshe dismissed Nhema’s claims, saying he has no authority to represent the trust.
“In casu, the second applicant (Dynamos Trust) has been wrongly cited. Secondly, the resolution relied upon by Isaac Nhema was made by a committee and not the trustee who are empowered to litigate on behalf of the second applicant. Under these circumstances a court should be circumspect and decline to exercise its discretion in favour of the deponent,” Justice Chiweshe said.
“For that reason, I must uphold the point in limine raised by the respondents (Richard Chiminya and others), namely that Isaac Nhema is not authorised to represent the second applicant in this matter. The effect of that conclusion is that there is no application before the court. The application is doomed a failure. In any event and further, the second applicant has purported to cite deceased individuals, namely the first and third respondents. The citation of a deceased person without citing his estate is fatally defective.”
Sometime in 2010, Dynamos Football Club approached the court twice seeking to bar Chiminya, Farai Munetsi, Fredrick Mukwesha, Lusengo, Sunday Chidzambwa, Gwatidzo, Robson Rundaba, Brian Kashangura, Mubaiwa, Harrison Mbewe, Mike George, David Mandigora, Chandamale and one C Muzenda arguing they were interfering with the clubs operations.
However, seven years later the matters had not been completed prompting Nhema to approach the court through the trust in a bid to revive and bring the issues to finality.