Joice Mujuru Accused Of Fraud By Daughter1 year ago
The High Court has dismissed an application by Nyasha Noreen Del Campo (nee Mujuru) a daughter of former Vice President Joice Mujuru in which she accused her mother of trying to defraud her of one of the companies left behind by his late father, Retired General Solomon Mujuru.
The company at the centre of the fight is Dalhaw Trading (Private) Limited, which has 39.55% shareholding in Willdale Limited, one of the country’s leading brick-making companies.
The High Court dismissed with costs Del Campo’s application in which she sought an order stopping Mujuru from interfering with the operations of the company.
She also sought an order stopping the disbursement of the company’s 2020/2021 financial year’s dividend to Mujuru.
In her ruling, Justice Esther Muremba said there was no evidence of fraud and that Del Campo had no capacity to sue on behalf of Dalhaw. Said Muremba:
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I will dismiss the point in limine because the allegation of fraud is without merit. No evidence of fraud was tendered and nothing on the document speaks to fraud.
In casu, the facts or circumstances of the matter do not fit under s 61 (1). If the first applicant (Dalhaw) was unable to take any action to protect itself then it would not have sued as it did.
Only the second applicant (Del Campo’s) name would be appearing on the application.
The mere fact that the company is appearing on the application as an applicant means that it is able to act on own interests…Del Campo cannot institute proceedings in her name on behalf of the company for the matters raised in this application.
It sues on its own…The second applicant is not before the court. So there being no appellants before the court I will strike off the matter from the roll with costs.
In her application, Del Campo had said the fact that Mujuru was her biological mother did not give her a natural claim or rights to her commercial interests and investment.
She said it was her father’s wish for her to inherit the company and her mother and siblings had received their own inheritance.
Del Campo cited Mujuru together with her other daughters Kumbirai, Chipo and Kuzivakwashe as first, second, third and fourth respondents.
Accounting firm, Vali Chartered Company Secretaries was listed as the fifth respondent, Registrar of Companies the sixth respondent while Willdale Limited was cited as the seventh respondent.