Fidelis Munyoro Chief Court Reporter—
Former Trauma Centre Hospital owner Vivek Solanki has filed a counter-claim against African Medical Investment (AMI) executives as the dispute over control of the medical facility continues in the High Court. Mr Solanki, along with lawyer Mr Jonathan Samukange, Mr Anis Abduklkarrim Omar and Mr Harry Meyer Kantor are stopping at nothing in their bid to repossess AMI Hospital, which they claim to be their property.
The counter-claim comes after AMI officials – Jeremy Sanford, Peter Annesley, Enerst Pfumbi, Gary Grosland and Catherine Cockcroft – sued Mr Solanki and his three co-defendants in a 2012 civil suit.
The counter claim was filed in the High Court last week. They are seeking an order declaring that the Streamsleigh Trust case was settled in April 2009 by Zarina Dudhia and that a firm called Future Properties Group was the sole and exclusive beneficiary of the trust.
They also want an order declaring that Streamsleigh Trust was the owner of all the issued shares in Streamsleigh Investments and that AMI should be prohibited from purporting to carry on any business under the name of Streamsleigh Investments.
“In the circumstances, the defendants claim a declaratory order that any trust or purported trust bearing the name ‘The Streamsleigh Trust’, other than the trust settled in April 2009, by Zarian Dudhia, of which the beneficiary is the Future Properties (Pvt) Ltd, has no legal validity,” read the counter-claim.
Mr Solanki and his co-defendants contend the wrangle had arisen as to the nature of the trust and the persons who were its trustees. “The parties hereto are unable to resolve the dispute as to the factual position regarding either the establishment of the Streamsleigh Trust or the identity of trustees and accordingly, remain in disputes as to the right to appoint directors of the company,” said Mr Solanki.
“All the parties hereto claim both an existing and a contingent right in respect of the company, which claims can only be resolved by the decision of this court.” Mr Solanki further argued that the claims and assertions of AMI executives in the matter were prejudicial to the rights of the defendants and adversely impact on the business and reputation of the company.
In a different case, a year ago, Mr Solanki stated he individually negotiated for a lease, 23 years ago, of No. 15 Lanark Road, Belgravia, Harare, from the previous owners who are now late. He said he was made an offer to buy the property by Mr K. Kantor of Kantor and Immerman law firm as a sitting tenant.
Mr Solanki said initially, he had agreed to lease the property in his own capacity, but later transferred the lease from VBL (Pvt) Ltd which in turn transferred same to Autoband Investments – the current occupier of the property.
After buying the property, said Mr Solanki, he consulted with his accountant, Mr Omar, as to whether the property should be transferred straight into a trust or into Autoband Investments. Mr Solanki said Mr Omar advised him to set up a new company, Streamsleigh Investments, which he did.
“Through Mr Omar I then advised the conveyancers to transfer the property into Streamsleigh Investments,” he said.