So last week Econet told the Sheriff of the High Court to leave their premises peacefully as he was executing an Anton Piller order which had been granted by the High Court in favour of Dr Dish. Dr Dish are disputing the compensation that Econet says is due to them based on their revenue share agreement when the two collaborated to bring Kwese TV into Zimbabwe.
An Anton Piller order is a special court order that is given to the plaintiff to allow the plaintiff and/or their lawyers to enter the premises of the defendants to obtain any necessary evidence. Dr Dish was granted this order on Wednesday last week and went with the sheriff to execute it on Friday. As they were mid way executing it, one of the Econet lawyers ordered them to stop and leave as he had been directed by a ‘higher office.’
When we asked Econet about this incident they gave us their side of the story which essentially was that the court order mentioned Econet Media, Cassava Smartech and Econet Kwese Television and not EcoCash yet the sheriff was executing it on EcoCash computers. Econet has since published this same statement in print publications.
In the statement Econet mentioned that they were going to appeal against the order at the Supreme Court. They did so this morning. The crux of their appeal is that Dr Dish did not prove that they sought the information they want from Econet formally before.
Dr Dish on the other hand insist that Econet was not forthcoming with such information. The information in question is how many subscribers Kwese TV signed up during the time they were in partnership with Dr Dish so as to compute how much would need to be paid to Dr Dish to honour their agreement to give them 5% of revenue.
According to Dr Dish, Econet claims that they only had 38 Kwese TV subscribers in Zimbabwe which means Dr Dish is entitled to $8.05. Dr Dish on the other hand invoiced Econet for $6.8 million.
Court proceedings resume tomorrow.