Marriot wants case thrown out

HARARE - The battle to control Dynamos Football Club has taken a new twist after the football club’s board chairperson, Bernard Marriot Lusengo urged the High Court to dismiss Dynamos Trust’s application in which it seeks to be joined in an ongoing wrangle to control the club.

Dynamos — one of the oldest football teams in Zimbabwe — is embroiled in squabbles over the control of the club.

This prompted the Trust to approach the court in May this year seeking to be joined in matters filed in 2010 in which the club is demanding an interdict against its founding fathers to bar them from interfering with the football club’s operations.

In the application Dynamos Football Club (Private) Limited and Dynamos Trust are the applicants while Richard Chiminya (late), Farai Munetsi, Frederick Mkwesha (late), Lusengo, Sunday Chidzambwa, Charles Gwatidzo, Robson Rundaba, Brian Kashangura, Kenny Mubaiwa, Harrison Mbewe, Mike George, David Mandigora, Owen Chandamale and Casper Muzenda are cited as respondents.

The Trust’s chairperson, Isaac Nhema, said the organisation has a direct and substantial interest in the matters before the court, filed seven years ago.

However, Lusengo, through his lawyer Herbert Mutasa said Nhema’s application was fatally defective for the reasons that Dynamos Trust does not have locus standi to institute court proceedings.

“In respect of the first and third (Chiminya and Mkwesha) who at the time of the institution of the present application were deceased, the applicant’s application ought to fail.

“Regrettably, the parties in this matter have been involved in litigation at the centre of which is the control of Dynamos Football Club and its institutions. It is respectfully submitted therefore that in a matter which is marred by multiplicity of litigation of such a nature, the production of a resolution to confirm that authority to institution litigation is clearly indispensable,” the court was told.

“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 (Private) Limited 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.

During the hearing of the matter yesterday, High Court judge George Chiweshe asked the Trust’s lawyer F.M. Katsande to explain the relationship between the Trust and the company.

Chiweshe also asked the Trust’s lawyer on whether Dynamos Football Club was a subsidiary of the Trust.

The lawyer said the two were different entities but claimed the two were intertwined.

Katsande said the Trust had interest in the affairs of the football club since its board of trustees was directly linked to the football club company, adding that some members of the Trust later became directors of the private firm, averments which were quashed by Mutasa.

Mutasa said that the Trust was registered in 2010, at least two decades after the private company was birthed, adding that these are two different entities.

He said that the company could not have drawn its membership from a Trust that was not yet in existence.

Chiweshe reserved the ruling in the matter yesterday.

The current proceedings come after sometime in 2010, Dynamos Football Club approached the court twice seeking to bar Chiminya, Munetsi, Mkwesha, Lusengo, Chidzambwa, Gwatidzo, Rundaba, Kashangura, Mubaiwa, Mbewe, George, Mandigora, Chandamale and Muzenda from “interfering” with the clubs operations.

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