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Prosper Dembedza and Ivan Zhakata
The High Court has stopped former Vice President Joice Mujuru and three of her children from receiving a dividend from a company whose directorship is being disputed by a fourth child.
Mujuru’s daughter, Nyasha Del Campo (nee Mujuru), had filed an application seeking an order interdicting Willdale Limited from disbursing a dividend due to a company known as Dahaw (Pvt) Ltd for the 2021/2022 financial year directly to Mujuru until the shareholding dispute in respect of Dahaw had been finalised.
In her application, Del Campo cited former Vice President Mujuru as the first respondent, while Kumbirai Mujuru, Chipo Mujuru and Kuzivakwashe Leanne Zengeza (nee Mujuru) were the second, third and fourth respondents.
Vali Chartered Company Secretaries, the Registrar of Companies and Willdale Limited were the other respondents.
High Court judge Justice Happias Zhou, granted the order saying Nyasha had established a prima facie right which deserved protection.
“The interim relief sought is in the form of a temporary interdict. The interim relief is being sought pending determination of right of the parties in relation to the shareholding and directorship in Dahaw,” Justice Zhou said.
“I, therefore, accept that the applicant has established a prima facie right which deserves protection.
“The irreparable prejudice arises from the fact that the respondents seek not just to hold onto the shareholding and directorship of Dahaw, but seek to have the dividend due to the company deposited into the personal account of the first respondent.
“The motive for such a move is not legitimate as no explanation has been given as to why the income of the company should be deposited into the personal accounts of a private individual.
“If the respondents proceed to share the money, the company and indeed, the applicant, would be irreparably prejudiced if she succeeds in getting the appointment of the first to fourth respondents as shareholders nullified.”
Justice Zhou said the balance of convenience favoured the granting of the interdict and the respondents would not suffer prejudice if the interim relief was granted.
“In all the circumstances, the applicant has proved her entitlement to the relief sought. In the result, the provisional order is granted in terms of the draft thereof filed of record,” he said.
Nyasha was seeking the nullification of the appointment of Joice, Kumbirai Mujuru, Chipo Mujuru and Kuzivakwashe Leane Zengeza (nee Mujuru) as directors of Dahaw Trading. She was also seeking that the dividend due to Dahaw Trading be deposited into the Trust account of Chadyiwa and Associates legal practice.
Online Reporter