Deal pending on Desai property rental wrangle

A CONTEMPT of court charge faced by a Nelson Mandela Bay Port Elizabeth religious leader over a property dispute is expected to be withdrawn in the Port Elizabeth Magistrate’s Court today.

Port Elizabeth Islamic leader Mufti Siraj Desai was facing a contempt of court charge related to a dispute over a property he owns in Prince Alfred Road, North End, which he had leased out to a father and son for their motorcycle repair business more than a year ago.

Allie Demain and his son Tashreeq were evicted from the property a little more than three weeks ago, following a dispute over rental pay- ments, repairs to the property and other issues with the landlord.

A number of customers’ motorcycles and other movable property which, according to the Demains was worth more than R1-million, was also seized and attached from Misano Motorcycles by a sheriff of the court.

Their eviction, which the Demains claim was illegal, along with the attachment of the property, had prompted them to take legal action against Desai.

In addition, the Demains, who say their business has been severely affected by the dispute, are also making every effort to recover their clients’ motorcycles.

According to testimony led in court, Desai, through his legal representation, had been negotiating with a new tenant, a relative of his, for oc- cupation of the property, despite the legal wrangle with the Demains which had not yet been finalised.

But proceedings came to a sudden halt during the late afternoon session yesterday amid cross-examination of Desai by the Demain’s advocate, Bruce Dyk.

Desai’s attorney, Ashraf Limbada, suddenly requested to be excused to go the men’s room.

Upon his return a few minutes later, Limbada told the court that his services had been terminated by Desai with immediate effect. This despite that, according to Dyk, court rules state no consultation should take place during cross-examination.

Following negotiations during the subsequent adjournment, Dyk told the court that an agreement had been reached between the Demains and Desai, which would involve the reinstatement of the rental of the property by the Demains, the return of the attached moveable property and the withdrawal of the contempt of court charge against Desai.

The agreements were to be drawn up last night and brought to court today for ratification.

Speaking after the proceedings, Tashreeq Demain told The Herald that while they were pleased at the outcome of yesterday’s hearing, they were concerned over the harm the dispute had done to their business and their reputation as a business.

“We have had some very concerned customers rightfully worried about their motorcycles. We apologise sincerely to them for this situation, which we trust we can now rectify as speedily as possible,” he said.