STATE Security minister Kembo Mohadi and two co-applicants, John and Josias Moyo, have filed an urgent chamber application seeking an order allowing them to file their heads of argument in a legal wrangle, where they are fighting businessman, Reginald Dawson over the liquidation of two Beitbridge companies.
BY SILAS NKALA
The latest court bid, filed last month, follows a High Court ruling where they were technically barred from challenging the liquidation of the company due to failure to file heads of argument.
The Moyos and Mohadi have for a long time been fighting Dawson over ownership of two Beitbridge companies, Red Queen (Pvt) Limited and Nerry Investment (Pvt) Limited.
The companies were liquidated between 2012 and 2013.
In their court application, the three said they were seeking the lifting of the order barring them from challenging the liquidation of the firms.
They cited Dawson, his wife Susan, liquidator, Barbra Lunga and the estate of the late Thenjiwe Lesabe, as respondents.
“The failure to file heads of arguments must be a reasonable explanation excusable either as an error or on applicant’s part, it’s a legal practitioners or some other common administrative errors, which the courts have held to be excusable,” their affidavit reads in part.
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“… the court ought to have given directions in the interest of justice that it would want to deal with the matter on merits instead of granting a default judgment in favour of the applicants in the main matter.”
