Radar | Mar 16,2019
BGI Ethiopia, one of the country's leading breweries, is embroiled in a high-stakes legal battle over ownership stakes, as its defence team called four witnesses to testify before the Federal Court. This comes in response to a civil suit filed by 80-year-old Zewdnesh G. Asrat, who claims that her 27pc stake in the company, valued at 8.28 million Br, was unlawfully taken from her.
Zewdnesh is seeking the restoration of her shares, reinstatement of her role in the company, and compensation for unpaid dividends.
The legal saga began several months ago when Zewdnesh's attorneys lodged a civil suit against BGI Ethiopia Plc, Jean P. Blavierre, Brasseries International Holding Limited (B.I.H), and Hebu Properties Limited. She alleges that her shares were transferred without authorisation, using "fraudulent documents." BGI and B.I.H have vigorously contested these claims, presenting counter-evidence before the special commercial bench of the Federal First Instance Court. They have urged the judges to dismiss the case, arguing that Zewudnesh's claims are baseless and that the transfer of shares was conducted "legally and transparently."
The origins of this dispute trace back to 1991, a period marked by political upheaval in Ethiopia after the EPRDF ousted the military-Marxist government. Zewudnesh asserts that she played a vital role in incorporating BGI Ethiopia Plc in February 1996, initially holding a 23pc stake, which later increased to 27pc to comply with investment laws. She contends that her involvement was instrumental when B.I.H of the Castel Group, a French interest, successfully bid to acquire St. George Brewery from the state for 10 million dollars.
Zewudnesh credits her daughter with playing a crucial role in this acquisition.
In February 1999, B.I.H acquired the entire stake in BGI Ethiopia Plc, with the transfer of shares legally approved and registered. According to the affidavit filed by her lawyers, B.I.H held 22,394 shares (73pc), with the par value of the shares surging from 100 Br to 1,000 Br following its capital investment. Zewdnesh alleges that her 8,283 shares were unlawfully transferred to the third and fourth defendants without her consent, enabled by "fraudulent documentation."
BGI's defence team has challenged Zewudnesh's allegations, arguing that her claims lack merit. They have dismissed her assertions of being pressured by the political climate at the time, stating that there is no evidence to support this claim. They also argued that any political pressure her daughter faces is irrelevant to the plaintiff's situation and should not be considered by the court. The defence, represented by lawyers from Solomon Emiru Geresu Attorney & Consultant at Law, contends that the transfer of shares was legitimate and that Zewdnesh herself signed off on the transfer during BGI's general assembly held in 2001.
They maintain that Zewdnesh was present during the signing and that her identification authenticated the documents, ratifying the transfer.
Further complicating matters, Zewdnesh placed an injunction on the sale of a 30,000Sqm property owned by BGI Ethiopia around the Mexico roundabout. She claims to have learned about the proposed sale from family members and media reports. BGI's legal team has dismissed her claims as unfounded, presenting meeting minutes from the time of the share transfer in question, which show that Zewudnesh signed on behalf of Hebu Properties Limited.
The witnesses called by BGI's defence team — Hagos Debesu, Miraf Gezai, Tilahun Teshome, and Zenebech Shiferaw — are expected to provide crucial testimony before federal court judges in this high-profile case.
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