Hands off Mutare projects: Musindo told
BY STAFF REPORTER
AS THE fight for control Destiny of Africa Network(DaNet) housing projects in Manicaland intensifies, prominent Mutare lawyer Chris Ndlovu last week told Mutare Civil court magistrate Purity Gumbo that cleric Obadiah Musindo has no legal authority to act alone and bind other trustees in the projects.
Ndlovu of Ndlovu and Gonese legal practitioners was representing the respondents Wilson Masokowere and Temba Sauramba.
Musindo through a Mr Mabika who was represented by Passmore Nyakureba of Maunga, Maanda and Associates have applied for a spoliation and ancillary relief order against Masokowere and Sauramba.
Arguing before Gumbo, Ndlovu told the court that Musindo had no legal right to suspend them and also to control Mutare offices.
“The letter that was written by Obadiah Musindo appointing Mabika to sign affidavits on his behalf cannot be used to cloud his legal status and authority to represent the applicant, yes he can represent Obadiah Musindo and only Musindo, Mabika cannot represent the applicant for reasons such as, Obadiah Musindo seating alone in his office has no authority or acting alone to bind other trustees,” Ndlovu said.
“It was improper for Musindo to single handley appoint Mabika because the trust rules and commands that all decisions or business of the trust are to be conducted by majority vote of the trustees and unfortunately Obadiah Musindo is not the majority and does not represent the majority.
“He thought he had the authority yet he did not, the papers here are legal nullity and the applicant’s application should be dismissed,” he added.
Ndlovu told the court that Mabika’s submissions should be disregarded as unapplicable.
He said that the control of Mutare offices should be conducted by the first respondent Masokowere and second respondent Sauramba.
He claimed spoliation has nothing to do with ownership.
The applicants represented by Passmore Nyakureba of Maunga and Maanda and Associates approached the courts applying for ancillary relief order against Masokowere and Sauramba.
The matter was adjourned and will be heard on a later date.
Destiny of Africa Network National Housing Projects Development Trust is spearheading housing projects in Mutare among other cities in the country.
Hundreds of beneficiaries in Mutare are said to be backing the respondents for professionally and successfully running projects in the eastern border city and some areas.
The residents have since called for the audience of Musindo but to no avail.