Radio proprietor dragged to court over ownership

THE Commercial Court on Thursday adjourned hearing of the case about a shareholding dispute between the proprietors of Radio One, a local FM station. The hearing was adjourned to October 31.Jean Luc Nyagatare, one of the radio founders dragged Charles Kakoza Nkuriza to court accusing him of wrongful dismissal. Nyagatare told court that he was unfairly dismissed by Kakoza, and denied access to his shareholding in the venture after he demanded an audit of the company revenues. Court heard that Kakoza wrote a letter to Nyagatare barring him from accessing the premises and informed him that he was no longer a signatory to Radio One’s bank accounts. Kakoza allegedly fired his co-shareholder under the pretext that he had not paid the whole amount of Rwf35 million which each shareholder was supposed to raise. Kokoza’s advocate Frank Mubangizi asked court to dismiss the case, arguing that the plaintiff went to court without going through arbitrators as stipulated in their articles of association, particularly Article 31 of the memorandum.Quoting the article, the advocate said, “All disputes involving the company shall first be brought to the attention of the general meeting, when the general meeting fails to resolve the dispute it shall be referred to an arbitrator agreed upon by both parties, when the disputes remain unresolved it shall be taken to the Rwandan competent Court of Law,” he argued, adding that none of the procedure was observed.But Nyagatare insisted that he saw it unnecessary to go to arbitrators.Judge Clotilde Mukamurera said court would decide whether to refer the case to arbitrators or proceed with it when hearing resumes.

National

Radio proprietor dragged to court over ownership