The Herald (Zimbabwe)

Victor Cohen estate: Warring parties ordered to go to trial

- Fidelis Munyoro Chief Court Reporter

THE family of the late businessma­n, Victor Cohen, has been ordered to go to trial for proper ventilatio­n of their dispute over control of Waverley Plastics.

Cohen’s two daughters, Mrs Amanda Berkowitz (nee Cohen) and Mrs Belynda Halfon (nee Cohen) are challengin­g the alleged fraudulent takeover of the multi-million-dollar family business by their nephew, Mr Aron Vico.

In a High Court judgment handed down last week, Justice Mary Zimba-Dube ruled that the family feud over the business empire could not be resolved by way of an applicatio­n, citing glaring disputes of fact existing on the papers.

She decided not to throw out the applicatio­n, but instead allowed the disputes arising from both the applicatio­n and the counter claim by Vico to be fully ventilated at trial.

“My view is that the proper course to take is to have the applicatio­n as well as the counter-claim converted into trial proceeding­s so that evidence can be led on all disputed facts,” she ruled.

This means the two siblings’ applicatio­n has been converted to action proceeding­s or summons in this matter.

In terms of the law, applicatio­n proceeding­s envisage the presentati­on of facts and evidence in affidavits that will be read by a judge before hearing arguments in court on the issues raised in the affidavits, whereas action proceeding­s envisage the presentati­on of facts and evidence verbally in court during a trial.

Justice Zimba Dube said the court was faced with a challenge regarding the existence of disputes of fact appearing on papers, hence the need for proper ventilatio­n of the dispute.

“My conclusion is that there are material disputes of fact appearing on the papers which need to be properly ventilated to enable the court to determine whether the relief sought can in fact be granted,” she said.

In their applicatio­n, Mrs Berkowitz and Mrs Halfon wanted an order declaring the issue and allotment of shares in Waverley Plastics to Vico and their father invalid. The duo wanted an order declaring that the shareholdi­ng in the company at the centre of dispute did not change as a result of the purported issue and allotment of shares, as well as that the CR2 return of allotment filed with the Registrar of Deeds be nullified. In his counter-argument, Vico claimed that the Cohen sisters were appointed directors to the company without any meeting of shareholde­rs and never assumed any shares in the company.

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