Strive Masiyiwa's EcoCash (Pvt) Ltd, whose computers had been targeted for search and seizure by Dr Dish (Pvt) Ltd in the on-going $1, 7 million debt dispute, has lost its bid to interdict and restrain the latter from executing a court order after its application was dismissed with costs.
Late last month, executive director and chairman of Dr Dish, Nyasha Muzavazi, petitioned the High Court seeking a court order to search Masiyiwa's business premises in Borrowdale, but his efforts were thwarted by EcoCash (Pvt) Ltd chief executive officer, Natalie Jabangwe.
It was Jabangwe's contention that Dr Dish was intending to execute the search on a wrong property arguing that her firm had nothing to do with issues concerning the business agreement that was entered between Dr Dish and Econet Media Limited, Econet Kwese Television (Pvt) Ltd and Cassava Smartech Zimbabwe.
However, Muzavazi opposed EcoCash's application insisting that his company had carried out investigations and established that EcoCash (Pvt) Ltd was not in any way different from Cassava Smartech Zimbabwe.
"The applicant (EcoCash) avers that it is wholly owned by Cassava Smartech Zimbabwe Limited. They further aver that Cassava and the applicant are housed in the same building that is at Number 1906 Borrowdale Road. I wish further to state that I noticed, when we visited the premises that, other than EcoCash activities, apparent in the business, there is no sign, billboard or banner suggesting that the premises house a company by the first applicant's name," Muzavazi had argued.
On February 26, 2019 High Court judge Justice Clement Phiri deliberated on the matter and ruled in Dr Dish's favour before slapping EcoCash with costs on a high scale.
"This application is dismissed with costs on a legal practitioner and client scale," Justice Phiri ruled.
Meanwhile, Dr Dish has also filed an urgent chamber application for temporal stay of proceedings in another matter involving itself and Econet Kwese Television (Pvt) Ltd in which the latter issued summons claiming $634 400 against it.
"The respondent (Econet Kwese TV) has since filed and served a notice to plead with intention to bar in case number HC11018/18 against the applicant (Dr Dish)," Dr Dish said.
"The applicant faces the risk of being barred in case number HC11018/18 and yet it is convenient for the court and the parties to be joined and both the applicant's and the respondent's claims be heard at the same time.