Italian investor appeal against court ruling
DAILY NEWS Reporter
Daily News; Sunday,December 30, 2007 @19:02


AN Italian investor in the hunting and tourism industries, Mr Federicco Gelini, has appealed against the dismissal of his claims, challenging, among others, transfer of his 250,000 shares in a South African Company, Jaco Roelene Du Plessis Safaris.

He filed his case at the Court of Appeal, through FK Law Chambers, on December 24, this year. He is asking the court to quash and set aside the whole judgement given on September 11, this year by Judge Bernard Luanda of the High Court’s Commercial Division.

Mr Gelini, who is also a professional hunter, is further asking the Appeal Court to remit the case back to the High Court with an order that the matter be decided on merits on the basis of the facts, issues, evidence, arguments and legal provision presented to the judge.

In the memorandum of appeal, the investor stated, among others that the trial judge erred in law in holding that his shares belonged to the South African Company through a resolution dated October 31, 2003, while such resolution was passed by an illegal constituted board of directors.

The Jaco South African Company is a joint venture investment entity registered in South Africa by one Gert Jacobus Du Plessis (Senior) to engage in the business of promoting and hunting safaris and operating tours.

According to Mr Gelini, the trial judge erred in holding that one Ryan Wiendand and Christopher James Hatty were shareholders in Masailand Hunting Company Limited, a Tanzanian Company that was incorporated in 1989 to engage in hunting activities.

He stated that the judge ought to have held that being foreigners Mr Wiendand and Mr Hatty who were employees of the Masailand Company could not become shareholders as required under the immigration laws.

In his judgement, Judge Luanda dismissed the claims by Mr Gelini, ruling that the latter had no locus standi to challenge the lawfulness of transfer of the shares as he neither was shareholder in the Masailand company nor its director.

Probably the last chapter of a sad and mysterious strory. Certainly brought back some memories of Jaco!

A little trivia - I sold him the Seneca II they went missing in about 2 years prior.

OK, so scribble any thoughts of buying a used aircraft from Johan?

I've 2 words for you and they aint "good morning"!