Dynamos drags PSL to court

HARARE - Dynamos Football Club has dragged the Zimbabwe Premier Soccer League (PSL) to court, seeking to bar the country’s top-flight league from holding on to its funds over a debt owed to Barclays Bank of Zimbabwe (Barclays).

In the urgent chamber application, Dynamos, which is being represented by Farai Nyamayaro, cited PSL and Barclays as the respondents.

This application seeks to interdict the first respondent (PSL) from holding on to funds due to the applicant (Dynamos) from competition sponsors and other sources that are disbursed through it. The first respondent intends to hold these funds on behalf of the second respondent (Barclays),” the football club’s board chairman Bernard Mariot Lusengo said in an affidavit.

The current litigation emerged after Barclays obtained a default judgment against Dynamos for the repayment of $35 853,77, together with interests and costs.

The court heard that Barclays attempted to attach Dynamos’ property at its National Sports Stadium offices, but nothing attachable was found.

In October this year, Barclays later applied for a garnishee order, which the football club opposed.

“On the 20th on November 2015, the first respondent wrote to the applicant indicating that, it was going to hold on to any funds that were due to the applicant,” the court heard.

However, Dynamos, argued that the decision by PSL to hold on to any of its funds was grossly unreasonable and needed the court’s intervention.

“The applicant is of the humble view that the first respondent is only an intermediary between sponsors and football clubs, whose sole responsibility is to receive and pass on moneys earned from competitions and collected from gate takings to the respective clubs,” Dynamos argued.

It further said that the PSL’s role was facilitatory and does not create a debtor and creditor relationship with any of the clubs.

“In the event, the first respondent cannot hold funds that are due to the applicant as it is not the applicant’s creditor and the money does not form a debt between the parties,” the court heard.

Dynamos told the court that PSL’s action was hindering its operations.

“The applicant argues that, it would never have been the intention of the legislature to push organisations into liquidation by the invention of garnishee orders.

“If the respondents more particularly the first respondent are let to apply their decision in its raw form, then gross unreasonableness would have been allowed to prevail,” the court heard.

Comments (3)

hakuna bhora rakadaro kunyepa uku psl to the galores now Twine Phiri to go now ndini ndadaro.

luvhe - 21 December 2015

Imi kubhadhara munei sei muchitinyadzisa gore negore ingawani vatsigiri varikubhadhara kupinda munhandare wani

GLAMOUBOY - 24 December 2015

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