A BEITBRIDGE magistrate has dismissed an ex-parte
application by Vice-President Kembo Mohadi seeking to have solitary access to a
bank account he jointly holds together with two other businessmen he has since
dumped.
Beitbridge magistrate Perseverance Makala gave Mohadi,
through his lawyer Norman Mugiyo, a date to come for a proper hearing and that
he must serve for the hearing Oscar Chiromo, Tichaona Mushipe and the CBZ Bank
cited in the failed application as respondents number 1, 2 and 3, respectively.
Makala also found the “embarrassingly defective” chamber
application by Mugiyo for Mohadi was not urgent.
“In what terms of rules are you basing your application,
since it’s not mentioned in form c1/17 of the new rules and order,” asked
Makala, who also failed to understand why the application was devoid of
commissioned affidavits, a basic requirement.
“Order 22 Rule 7 of the Civil Rules indicate the procedure
to be followed when it comes to an ex parte application. I am basing on Order
23,” she said in her dismissal of the application.
She asked Mohadi to proceed by a notice, saying the
application before her did not fall under ex parte.
In the application, Mohadi sought an order from the court
to allow him to withdraw funds raised from a joint business operation with
Chiromo and Mushipe banked with CBZ Bank at Beitbridge.
He alleged the two were refusing to release his money held
in an account they jointly opened.
Malindi Storage and Logistics (PVT) Limited, a company
Mohadi formed with Chiromo and Mushipe was cited as the first applicant.
Mohadi sometime this year dumbed his partners through
another court application in which he said the two were taking advantage of him
and misusing his good name.
In that application, Mohadi said he had not gone into the
joint venture willingly and wanted out. Newsday
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