By Lovemore Chazingwa
The protracted battle for a legitimate management committee to assume control of the affairs of Kadoma Agricultural Show Society (KASS) has spilled into the High Court, with the superior jury making an express determination on those who are supposed to be in charge.
The deposed Chris Dirao executive committee filed an _ex-parte_ urgent chamber application, under CGK 319/22 issued on June 2, 2022, seeking to interdict Respondents, Patson Madera (pictured) and company, from carrying out functions of KASS, and give Applicants vacant offices for the preparation of this year’s annual show pencilled for later this year.
In their opposition, the Respondents raised two issues on lack of urgency and that the matter is _lis pendens._
A writ of execution had, in the eye of the superior court, erroneously been issued and Applicants taken occupation of parallel KASS offices.
A High Court ruling passed on July 1, 2022 determines that the entire Applicants, Dirao and company was dissolved on January 3, 2022 to make way for the new management committee elected into office on January 22, this year.
The new management committee, led by Madera, was duly tasked with preparing for this year’s show.
“What is important in this case is that this new management committee was tasked with the duty to prepare for the August 2022 Kadoma Agricultural Show,” reads part of the July 1, 2022 High Court ruling penned by Justice Muzofa recorded under HCC09-22.
The Applicants became aware of the meeting at around the date of the meeting.
They must have had a cue of the implication of that mandate. They filed an urgent chamber application for a provisional order seeking relief almost similar to the one before the court under HC 121/22. The matter was withdrawn. The reason for the withdrawal is that there was a pending case under CGK 551/22,” the ruling states further.
Adding, “One wonders why the Applicants approached the courts again on the same issues. There was no explanation why the matter was filed when the reason for the withdrawal of HC 121/22 was still extant.”
The superior court categorically states: “To approach this court on an urgent basis alleging that Respondents are preparing for the August Show after withdrawing HC 121/22 is to take the court for granted.”
The committee elected from the January 22, 2022 general meeting is the one that is supposed to run the affairs of the show society, at least according to the current High Court ruling.
Preparation for the upcoming Kadoma Agricultural Show provisionally slated for August 2022, basing on documents at hand, should be the mandate of the Patson Madera led executive committee.
Court papers in the hands of this publication point to a confirmation of Madera and his current executive as the legally recognized management committee to oversee the running of all business at KASS, inter-alia, preparation for the upcoming show.
“If the respondents are preparing for the 2022 August Show, they do so on the authority of the mandate given to them by the AGM (Annual General Meeting) of January 22, 2022. The applicant did nothing about that meeting. They chose to sit on their laurels to pursue some other remedies before the magistrates court. If anything, the applicant chose to pursue some piecemeal litigation instead of litigating to finality issues that bring an end to this dispute. The real dispute that must be determined by the court is the declaration of the legitimate management committee. It was reasonably foreseeable that the Respondents were to prepare for the August 2022 show from January 22. The Applicants did not act, only to approach the court some six months later. No satisfactory explanation was given for the delay in approaching the court. Accordingly, the application is not urgent and is removed from the roll of urgent matters.” a determination by the Justice Muzofa ruling reads in part.
The High Court position puts paid contention on the executive committee mandated with legally handling all KASS business.