THE Supreme Court has upheld the High Court’s decision declaring Balwearie Holdings registered under company number 45/77 as non-existent following its dissolution.
The dissolved entity’s directors Zane Patrick Heyns and Elizabeth Heyns were holding onto the name, thereby disturbing the legitimate business operations of bona-fide Balwearie Holdings, who are the directors of Sabonabona housing development project in Kadoma.
The Heyns forged CR14 documents misrepresenting they were directors of Balwearie Holdings in a bid to have locus standi, but the documents were discovered to be fraudulent.
The led to the arrest on fraud charges of Phillip Danga of Philjoy Secretarial Services who drafted them.
Danga’s matter is still pending at the magistrates’ court.
Based on the misrepresentation, the Heyns attempted to evict scores of property owners from the 97 hectare Kadoma property, a move which, however, hit a snag.
The Supreme Court bench comprising of Justice Chinembiri Bhunu, Justice Hlekani Mwayera, and Justice George Chiweshe has upheld two decisions of the High Court, firstly confirming the order issued by Justice Edith Mushore on July 8 last year declaring Balwearie Holdings registered under company number 1898/20 as the legitimate entity, while declaring that Balwearie Holdings under company number 45/77 was dissolved.
The Supreme Court also upheld the High Court judgment by Justice Emilia Muchawa which ruled that Balwearie Holdings company number 45/77 can not sue or be sued as it is a dissolved entity.
In summary, the bench has recognised Balwearie Holdings (1898/20) as the only legitimate Balwearie Holdings in existence.
On the other hand, the Chief Registrar of companies Martha Chakanyuka confirmed through an affidavit that their index reflects that Balwearie Holdings (45/77) is dissolved.
The Supreme Court’s decision puts to rest doubts members of the public had around the legitimacy of Balwearie Holdings (1898/20) who are the genuine property managers of Sabonabona housing project.