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LAWYER MUSA MUST RELEASE E2.9M TO INDEPENDENT PARTY

29/05/2015 06:57:00 BY KWANELE DLAMINI

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MBABANE – The man who took lawyer and Judicial Service Commission (JSC) member Musa Dlamini to court over E2.9 million wants the money to be kept by an independent party pending the outcome of the matter in court.

Mohammed Ismail Tilly of Emerlo, South Africa has accused Dlamini and Joane Kheru Ranchod, of being in close alliance and at a personal level. He alleged that they had made up their minds that he would not receive anything from the E2.9 million which is proceeds of the sale of a property he co-owned.

He alleged that Dlamini was paid to transfer the money. Tilly stated that the lawyer has no business holding onto funds that did not belong to him.
He further said Dlamini should release the money to an independent party to show that he had no interest in the matter.

Tilly alleged that he had reasonable apprehension in light of the summons by Dlamini’s other creditors jointly seeking about E12 million from him.
“All I am saying is that let my funds be held by someone else, not the first respondent (Dlamini) under the circumstances. All I seek is simply that while we squabble over the funds, they simply be placed under the lock and guard of an independent umpire. None of the parties suffers absolutely any prejudice in such a route.

The lawyer into whose trust the funds may be placed is at liberty to be anyone appointed by the court as per the application or even the registrar’s office. We have no interest as to the identity of such office, as long as it is one who is neutral and completely independent in the entire matter and transaction. The same cannot be said of the first respondent (Dlamini),” submitted Tilly.
In the present matter, Tilly wants the court to order Dlamini to release from his custody and/or trust account the sum of E2 939 021, which is in respect of proceeds of sale from certain fixed property, ErF 235, in Manzini.