Lawrence Chitumba Herald Reporter
The Supreme Court has dismissed with costs, the provisional order granted by the same court which sought to bar the Simba Moyo-led committee from conducting themselves as the managing committee of Nehanda Housing Cooperative.
In passing judgment in the case, Justice Joseph Martin Mafusire noted that on May 4, 2015, Justice Loyce Matanda Moyo had dismissed the same application and the applicants did not disclose this in their founding papers, resulting in Justice Owen Tagu granting the provisional order.
“In my view, a party that conceals information must be unworthy of the protection or assistance of the court,” Justice Mafusire said.
“If you seek relief, you must take the court into your confidence, laying the relevant facts on the matter, even those that you may perceive to be adverse to the relief that you seek.
“The provisional order granted by this court on June 27, 2015 is hereby discharged with costs against the applicants 2 to 5, jointly and severally, the one paying the others to be absolved,” he said.
The provisional order was filed by their rival group led by Never Katiyo.
The cooperative has been locked in a bitter wrangle over the leadership of the cooperative with the Simba Moyo led executive insisting that they were the legitimate leaders of the coop after a vote of no confidence ousted the Never Katiyo executive.
The wrangle turned nasty last year when Moyo’s house was allegedly petrol-bombed by their rivals in an attempt to instil fear in his camp.
Property worth thousands of dollars was reduced to ashes when the house was allegedly petrol-bombed in a suspected case of arson by members of a rival management committee.
Moyo’s wife Gladys, who was present when the incident occurred, said she suspected that members of the other management committee of the co0perative were behind the attack.