Thursday, 11 January 2018

SATAN’S CONDOLENCE MESSAGE TO HIS OLD COMPANION BASHEER

Mother of Eleven & her heart-broken Son Basheer.  

My blessed Mother was robbed by her own devilish sons and daughters, kidnapped and stolen from me by other members of the family, poisoned and tortured, dumped in a dying home, given pork to eat, prevented from dressing like a proper Muslimah as she used to do all her life, displayed shamelessly in public by some while in an advanced senile state, and martyred by Devil spawn miscreants and Satans! 

DR. JEFFERY LANG, A REVERT TO ISLAM, TALKS FREELY ABOUT HIS SAINTLY MOTHER AND VIOLENT ALCOHOLIC FATHER!

 Purdue University's Muslim Discussion Group hosts Jeffrey Lang on Nov 11, 1999. Jeffrey Lang graduated from Purdue University. This is the only time he has returned to Purdue University to speak on Islam. 

HOLY "MUSLIM" GARBAGE! "Exclusive to this Channel. Copyrighted. Do not Copy."

 https://www.youtube.com/watch?v=bFgYcdQVlto&feature=share

Shared with me by ZARKA SUBRATTY

Hassen Rasool - The Royal Call to Prayer From Eton, England - Karl Jenkins - The Armed Man

845,015 views

13K 795 Share



Published on 6 Dec 2014


The Call to Prayer was performed by Hassen Rasool who was delighted to be asked to perform the Adhan amongst the Windsor and Eton Choral Society in the Eton School Hall on the 27th September 2014. The Armed Man by Karl Jenkins with Haydn’s Mass in Time of War was performed to mark the 100th anniversary of the start of World War One, Windsor and Eton Choral Society proudly presented two magnificent choral works with the Adhan ( The Call to Prayer) nestled between the two, providing a brilliantly contrasted evening of music and spirituality which was both exhilarating and inspiring. "The movement which is the existence of the universe is the movement of love." Ibn 'Arabi, Fusûs al-Hikam
 

I just heard, a few minutes ago, at 23:00, today, Thursday 11th of January 2018, that my mother passed away.  This does not affect me in the least given all the pain I suffered at her hands since my twenties, and at the hands of my father, as well as at the hands of my other siblings, and some of my cousins, nephews, and nieces! 
 I was born in an accursed and degenerate family!
As I know there is no after-life, my mother is gone for good.  

Let the kidnappers bury her and cry over her death! 

SHE ALREADY RESTS IN PEACE!


This is the way we all will end sooner or later.  Of course, I will follow her soon, but it is a question of how and when!
BAFS


P.S. So, no condolences, please, as I do not give a damn, except from my old friend Satan, of course!




 

THE MOTHER
When your mother has grown older,
When her dear, faithful eyes
no longer see life as they once did,
When her feet, grown tired,
No longer want to carry her as she walks -
Then lend her your arm in support,
Escort her with happy pleasure.
The hour will come when, weeping, you
Must accompany her on her final walk.
And if she asks you something,
Then give her an answer.
And if she asks again, then speak!
And if she asks yet again, respond to her,
Not impatiently, but with gentle calm.
And if she cannot understand you properly
Explain all to her happily.
The hour will come, the bitter hour,
When her mouth asks for nothing more.
-Adolf Hitler, 1923

MIKE KING
  90 year old (born 17 February) Blessed Mother of 11 (including many Devils!*) and her 67 year old Baby Boy in 2013!
I have always loved you, Mum, and shown you utter respect and affection - despite everything!

And, I am thankful to God Almighty!

 

SATAN


WELL, my dear old companion and friend Basheer, I just read your Godless and heartless note about your beloved mother having finally joined the elements never to return again.  Yes, I saw how unmoved you were at the news because for you she died a long time ago.
 
(to be continued)


PATHETIC!  

express.mu


 Par M. Rafic Soormally

The demise of a great lady and mother




Bibi Rabiah Soormally and her husband, Idrice Soormally.
Bibi Rabiah Soormally and her husband, Idrice Soormally.
My mother, Bibi Rabiah Soormally (born Chaumoo), widow of Idrice Soormally, passed away peacefully on 11 January 2018 at 7.38 pm at her residence Flat 1, The Sovereigns, Queens Road, Maidstone, Kent, UK. My Mum was born on 27 February 1922 in Médine, Mauritius, to Hoosenny Chaumoo and Beebeehawa Ruhomally. She was 95 years old at the time of death. My mum was buried on 12 January 2018, around 4.00 pm, at the Gardens of Peace Cemetery, in Hainault, Essex, UK.
My mum has been well looked after over many years by my younger sister, Nazma Jonan Soormally, who is a Nurse and a former Police Constable with the Kent Constabulary, UK.
My mum was exceptional in many ways. She had 11 children and was dedicated to them and to my father, Idrice Soormally, proprietor of a sugarcane plantation and a bakery (retired), who passed away on 18 April 2006 at 87, Upper Rainham Road, Hornchurch, Essex, UK. We were all from Curepipe.
Mum was also very popular with all her neighbours and friends of her children who still remember her with great love and affection. The following are some of the messages of sympathy received, with thanks, from various relatives and people who knew my mum.



Bibi Rabiah Soormally and her daughter Nazma Jonan Soormally in 2017.
Michael Clarke of Colchester, Essex, UK: «My condolences to all, to a hard-working mother and grandmother Nanima. Hope all goes well for you today.»
Serge Bundhun of Tottenham, London, UK: «I am very sorry to hear about your mum. My deepest sympathy to all the family...»
Rakesh Burumdoyal (Ashley) of Curepipe, Mauritius: «My deepest sympathy to you and the family... My mother and the family convey their sincere condolences to you and the whole family. She feels sorry Rafic ...»
Shyam Roy of Bel-Air-Rivière-Sèche, Mauritius: «Sorry to hear Rafic. My most sincere sympathies to you and family. Take care.»
Lekraj Burton of Floréal, Mauritius: «Very sorry. Sincere condolences to the family.»
Kirty Mooneeram of Bougainville Street, Curepipe, Mauritius: «Dear Rafic, sad to hear of your mum's demise. Please accept my condolences and extend my sympathies to the rest of the family.»
Krishna and Davi Kotiah of Beau-Bassin, Mauritius: «So sad to hear about this. Our sincere condolences to you and your family.»
Mohun and Sanutha Mohabeer of Great Yarmouth, UK: «So sorry to hear the sad news. Our condolences to you and family.»
Gilbert Hitilambeau of Curepipe, Mauritius: «My condolences to you and the whole family. She had had a great life and died at a great age.» 
Gilbert grew up with in the same neighbourhood and loved my mum to bits.
Soobash Ramdeenee of Vacoas, Mauritius: «My sincere condolences to you and family. Much regrets.»
Farook Warsallee of Nottingham, UK: «So sorry to hear the sad news, cousin. I wish I could be there with the family to pay my last respect.»
Azam and Moradee Mooraby (born Soormally) of Vacoas, Mauritius: «May Allah (God) give her Jannatul Firdost (Paradise).»
Rossun Ramdowar (born Maharaullee): «Be brave Tiatia [Uncle]. We are with you.»
Fazila Earally of Plaine Magnien, Mauritius: «May Allah give her Jannatul Firdost.»
Kumar and Farida Doobey of Colchester, Essex, UK: «We are very sorry to hear the sad news. May she rest in peace.»
Afsana Wahab (born Firdousi) of Dacca, Bangladesh: «Inlal ...I'm so sorry to hear about Ma passing away. I have many fond memories of her and with her. She will always be in my prayers.»
Krishna Govinden (Raju) of Sutton, Surrey, UK: «So sorry to hear about the sad news. Mum was such a nice person.» Raju went on to add on my Facebook page: «I have known Mr & Mrs Idrice Soormally since I was a kid. They were fantastic people, kind, humble and extremely generous to the needy. The bond they shared with the locals in Theodore Sauzier Street, Curepipe Road, was very intimate and deep. Rafic, we’ve had some really good times together. Although I cannot remember most of these memories, I know they were all great because your brothers, sisters and yourself were great company. Our minds were like wonderlands. We were fearless together, nothing and no one had stopped us from doing anything. From climbing trees, playing hide & seek, flying kites, football and to playing marbles, I cannot thank you anymore.»
Several of my friends who did not have the opportunity to meet my mum also sent their condolences. Big thank you to them also:
Eileen Lo of Curepipe, Mauritius: «Deepest sympathy to you and your family.»
Rekha Gajjar of Harrow, London, UK: «Sorry to hear the sad news. Condolences to the family. May her soul rest in peace.»
Guiseppe Spampinato of Hatfield, Hertfordshire, UK: «My most profound condolences for you and family. I have just been told.»
Michelle Kassuja of Hampstead, London, UK: «I am very sorry for your loss Rafic. You are very strong. I hope you are well.»
Manou Bheenick of Moka, Mauritius: «Saddened by your loss. My deepest condolences to you, Rafic Bhai, and to the family. I share your grief.»
Mala Samputh of Quatre-Bornes, Mauritius: «Our sympathy to you all.»
Maryline Jeanne (born Suggum) of Grand Bay, Mauritius: «Our sincere condolences to you & your family. May she rest in peace. Bon courage!»
Kresh Ramanah of Chingford, London, UK: «So sorry to hear of your loss. Please accept my deepest sympathy.»
Brian Swift of Hertfordshire, UK: «Rafic, so sorry to hear the sad news about your mum. You have a good soul and she helped make you into the good man you are today. My thoughts and prayers are with you and your family.»
I also received several calls from relatives and friends to express their condolences, sadness and support during such difficult times. I wish to thank them all. Amongst them are :
  1. Nasreen Sookhy (born Beekawoo) of Beau-Bassin, Mauritius. Nasreen is the daughter of my late eldest sister Bibi Farida Soormally who was married to Adam Beekawoo of Beau-Champ.
  2. Suresh Goburdhun of Ealing, London. Suresh is from Beau-Champ, Mauritius, and he grew up with Adam Beekawoo and he knew Bibi Farida Soormally and their children.
  3. Isoop Sawdoo, Farook Sawdoo, Sahelah Durgauhee (born Sawdoo), Saida Soobadar (born Sawdoo), all cousins of mine (my mum and their mum were cousins). They are also my in-laws as I married their biological sister, Sen Seetulsingh-Soormally (born Hassenbee Fatmah Sawdoo), adopted daughter of the late Ramduthlall Seetulsingh of Curepipe after Sen's mum died when Sen was just one month old.
  4. Alim and Nasreen Goolamhossen of Pailles, Mauritius. Alim is the son of the daughter of my Nani (the sister of my mum's mother). Whenever my sister Nazma Jonan took my mum to Mauritius, they stayed at Alim's and Nasreen's house in Pailles. They love my mum so much. They too are very distraught with her demise.
  5. Gori Chaumoo of Highlands, Mauritius, who was married to my mum's late younger brother, Hassam Chaumoo.
  6. Swalehah Neff (born Dookhith) of Tampa, Florida, United States, and Fazila Maghoo (born Dookhith) of Brentwood, Essex, UK.. Swalehah and Fazila are my cousins, daughters of my father's sister, Bibi Fatmah Dookhith (born Soormally).
Several Facebook messages of sympathy also received from Nadjet Raoud of Algeria, Rechad Golamaully, Meimouna Hafez-Amir Kathrada, Shyama Kowlessur, Subash Gobine, Bilkiss Jawnally, Jose Zaza, Tulsi Bhanderi, Zak And Shahin Zahir, Mohamad Ehsan Ramjan. Thank you all.

Rafic Soormally
London.


 REBUTTAL - BUT TRUTH IS NO MORE A DEFENCE IN THE WEST AND IN THEIR CLIENT COUNTRIES!


To the Editor-in-chief of l'express.mu
SHAME ON YOU, RAFIC SEETULSINGH-SOORMALLY!

N.B. I AM ONLY RESPONDING UNDER PROVOCATION!

I do not give a damn whether you presstitute media print this or not, but my version of the TRUTH has to be told as you printed bold face lies and heaps of garbage regarding OUR mother !  I have a God-given right to reply as a Freeman-on-the-land!  As your express.mu crap will remain in the public domain, a rebuttal of this pathetic piece of bovine excrement is mandatory.
"The demise of a great lady and mother"?

I fail to see when, where, how, and why my late illiterate "mother", Bibi Rabiah Soormally, qualified as a "great lady" and the stupid promotion of all these pathetic "condolences" can only be the fruit of an egocentric mind seeking notoriety.  Who is Muhammad Rafic Soormally to speak with such bias on behalf of a mother of 11 children where he mentioned only two of her children, himself and his saint of a sister, Nazma Jonan Soormally, deliberately omitting to mention, like he did for some others, Jonan's 'marital' name(s) as she had children with two different men, including her own brother-in-law, husband of her own elder sister, and while they were still married.  Her second husband, a former building/demolishing contractor of our father who demolished the roof where our eldest divorced sister was living and carrying out her sewing business (on the premises of our eldest brother's and my company "Dodo Bread & Biscuit Factory Company Limited" (managed by our father, but not owned by him, was convicted for smuggling in the UK! 

No, Rafic, our family was a cursed family from day one because of greed and diabolical practices by many degenerates our mother gave birth too as well as our father's diabolical and illiterate sister and "patisson door-to-door seller" brother-in-law, before our grandfather gave him a stall in the Curepipe market.  

Why make public such lies and hidden truths when it is misleading that same public?  Why call our mother a "great lady" when since the 1960s she has not stopped being complicit in fraud and malice, although not deliberately and under tremendous pressure, along with many of our foolish, lying, and filthy-minded siblings?  You mentioned two, but what about the NINE others?         


 Bibi Rabiah Soormally and her husband, Idrice Soormally.

Bibi Rabiah Soormally and her apostate, smoking, and alcoholic husband, Idrice Soormally before I would find him in 1968 bankrupt, abandoned by all, and an utter mental wreck thanks to his two eldest treacherous and ungrateful sons, and  dangerous and two sick-minded psychiatrists.  At 22, after my return from the USSR, on academic leave, I took over the management of our family matters and properties with my mother's permission as our sick father was misbehaving and with no objection from his part, to the utter dismay of many of my other siblings who did everything to stop me! 

 But, Mr. Rafic omitted to mention that the above photo he chose to publicise was in fact taken by his own brother Basheer Ahmad, now Frémaux-Soormally, yet he was so eager to give credit to all Toms, Dicks, and Hariettes (I coined that one) who posed as lovers of and so knowledgeable about our Mum when they know practically nothing about her or chose to hide her devilish side.  

I was not allowed to go back to the USSR as I learned that the personal friend of my father who sold a Soviet scholarship to my father had it cancelled after my eldest sister had hit him on the head with her sandals in public in front of ADVANCE news paper offices in Port-Louis.  This testimony was from my friend who told me that his uncle (Labour Trade Union leader) tried to sexually abuse my sister when she was working for him as secretary or whatever at his Labour Trade Union Office in the building of "Bureau ADVANCE".  One cousin of mine was said to work with him as well, and he was notoriously known to engage in sex with some of his female staff, including one young woman who I had known and who he had sent on a scholarship to Moscow in 1964.  My father stopped my studies at the Royal College of Curepipe in order to please him because he did not want his son to go to Moscow alone for his further studies as he was too young.  So, I went with him although my father had to pay for my own scholarship.  At least one 5 ton load of banana stumps were delivered to him at Mare-La Chaux, to my knowledge.  

My mother did not pass away "peacefully"!

* I was not made aware that my mother had or lived in a "residence Flat" at 1, The Sovereigns, Queens Road, Maidstone, Kent, UK. But, I was made to understand that she was dumped at my sister's home in Maidstone after she was treated badly in Colchester by my apostate elder sister and my apostate younger sister who had her occasionally fed with pork at a Nursing facility in Colchester, and she was prevented from wearing her traditional oriental dress of decency as this was too shocking to her non Muslim relations.  

Why is Mr. Rafic afraid to mention that both our elder brothers rejected our mother.  

One was a notorious mafia-type conman and sex pervert married to an English woman and trading in alcohol and pork, and the other a veteran womaniser, gambler, and alcoholic?  The former tried to abuse my French wife in my absence at the Riverside Restaurant and Hotel after he had drugged her and made her part with some £207,000 for a property that was worth only around £80,000 in 1990, and the other bragged about his desire "to taste my Mauritian wife" because our father informed many people that I was getting married to a 16 year-old girl he himself had engaged me to, but who could not have children!  Our demented father carried Dr. Noël's (Clinique mauricienne) medical certificate about my fiançée's medical condition around to vilify her.  When I went to confront him about his vile behaviour, my taxi driver, my student and myself were assaulted and injured by my three brothers in the very presence of our mother who threatened and insulted me. They smashed the driver's car completely, a Toyota P310, I think.  I DID NOT FIGHT BACK!      
  
I see my younger brother Rafic Soormally promoting his own good relations shamelessly using the passing away of our mother who has been repeatedly treated with such cruelty by her own biological children after she was used by her demented, sick, and demon-possessed husband, and his other evil children to destroy the lives of others, including mine.   

I wonder if Mr. Rafic had such a similar eulogy printed in the Mauritian or other rags about the passing away of our father, Idrice Soormally.  I was called to the latter's death bed at the home of one of his apostate sons, here in the UK, but I was not told where he would be buried the following day, and prevented to invite a couple of "Muslims" to read the "Holy Qur'aan" that same night, as is the Tradition, because despite of his anti-Islamic behaviour, our father always loved Islam and the Holy Book in his manner!  He was not only handsome, charming, well educated, but a very learned Muslim, and well versed in many languages including Arabic.  Our mother told me that our father used to share his mistresses with one very famous "Muslim" politician, rumoured to import whisky into the country.  And, that one of them, a white Franco-Mauritian or mulatto woman, even lived with our father for two years on my grandfather's bakery premises, and he made her pregnant!  Guess who was the newborn who was rejected by our father, and WHO adopted him as his own son?  Whether this is true or not is a matter of DNA testing if the progeny in question or anyone of his blood line would accept such a test!  I make no statement!    

I knew about the famous "Gardens of Peace Cemetery, in Hainault, Essex, UK." where women were not allowed inside, thanks to Muslim fanaticism, tribalism, sectarianism, and obscurantism (all forbidden in Islam!), but I never visited my father's tomb, nor did I attend my mother's burial there although my younger brother Rafic informed me of her death lately by telephone.  When told, I said something like "I do not care", as to me my mother died a long time ago.  For several years Rafic and I stopped talking to each other except on three very brief occasions, because I made him angry when I told him that I needed a copy of the Supreme Court judgment where the "Chinese" Judge shamelessly and unjustly ruled against our late father and some of our brothers and sisters, including Rafic (defendants), in favour of our apostate and alcoholic gambling eldest brother (plaintiff, married to a "Chinese" girl!) in a Court case instigated and paid for by our Satanic apostate brother, the notorious "Mr.Satan" of Colchester, a bribe-giving Police informant, where our father and mother were defrauded of their right of ownership of their own property and home in Curepipe, and where I was fraudulently deprived of my own shares and assets in the Dodo Bread & Biscuit Factory Company Ltd, a company set up and managed by our own father with my collaboration and personal bank loan, and where our eldest brother and myself were the only two shareholders.  This was a project agreed by my brother when he visited me in jail in 1968 in London, before I was deported to Paris!  My Satanic brother's English mistress told me after they split that my brother was behind my imprisonment!  Previously, public notary Keswarduth Dassyne fraudently transferred our company on to the names of our sister Rahelah and her husband Hassen Oomar, who later shared the stolen assets amongst our four brothers, Saïd, Rafic, Khalil, and Reza.  (See attached documents)   
     
* Rafic is telling another colossal lie and half truth when he states in his crappy article:

"My mum has been well looked after over many years by my younger sister, Nazma Jonan Soormally"
Our mother confessed to me that she was repeatedly treated very badly and shamelessly by my younger brother who looked after our father and mother for many years, but when accepted his own daughter to fornicate under their roof,  our mother did not like it!  So, he got rid of her!  She was also looked after by in turn by our three sisters, and occasionally by a fourth one, but was always too scared to come and live with me despite many requests because our other sisters had her under their total control, as well as my younger apostate brother. My other siblings prevented me from also taking care of our father because of my Muslim way of life!  Let Mr. Rafic brag about HIS mother when he or his wife never agreed to take care of her at all, and never did so, to my knowledge! 

Our mother was indeed exceptional in many ways, but only when we were young, and until my father had me engaged in the late sixties or early seventies with the then P.M.'s "tapeur" and notorious gandia trafficker's niece, and all hell broke loose with "Mr. Satan" of Colchester leading the pack, supported by our other Satanic eldest brother!

MORE LIES AND HALF TRUTHS

* Our  father, Idrice Soormally, was a proprietor of more than one sugarcane plantation, in Midlands, Bamboo Verrieux, etc. 
*But, to my knowledge, he was never the proprietor of any bakery at all.  He was managing the National Bakery in Curepipe belonging to our grandfather and later on behalf of my eldest brother (holding his power-of-attorney) who himself received it as a donation from our grandfather Ally Muhammad (Mamode) Soormally, and, later on, on behalf of Maleck after our company was set up, but our father did not act for me as I was working for the company on site as a shareholder, and borrowed money from the bank to run the business, but which my father refused to repay allowing the Bank to sue me, and I was condemned to pay the loan.
I was assaulted and kicked out of the property manu military for being in disagreement with my father regarding my marriage with a young 16 year old girl still studying at College he himself had me engaged to (after I had refused several other propositions) because I found out a few months later that she was unable to bear children.  Both my elder brothers jumped on me like vultures!

"Mum was also very popular with all her neighbours and friends of her children who still remember her with great love and affection."

Maybe this is why Rafic calls our Mum a great lady? 
ALL her neighbours?
 Friends of her children?  Rafic's?
Which children?
Great love and affection?


SHAME ON YOU, EXPRESS.MU!

How dare Rafic have such a despicable picture of our Mother printed in a rag in the company of that "Policewoman" whose eldest son, a former Policeman, was convicted for indecent assault, and husband number two for smuggling? 

Carribean alcoholic Michael Clarke should shut up his mouth when his own mother-in-law, my elder sister, said she was fed up with our mother and dumped her at our younger sister's place and the latter had her fed pork!  She used to work at our Satanic brother's "Delicatessen" shop in Colchester!  Where was Mr Clarke when our mother was being treated so badly?  What about Mrs Clarke (our own niece) who kicked her mother (my elder sister) out of her own house forcing her to live alone in a Council Bungalow because my sister strongly disagreed with her abandoning Mr. Clark because she was having an affair (said to have started in the eighties!) with our nephew who tried to kill me and tear-gassed his own brother, my wife and our son?

And all these "Sorries" and strangers calling OUR Mum, Mum or whatever?  Pathetic!

"Nasreen Sookhy (born Beekawoo) of Beau-Bassin, Mauritius. Nasreen is the daughter of my late eldest sister Bibi Farida Soormally who was married to Adam Beekawoo of Beau-Champ."

That same Nasreen Sookhy who kicked her mother (our eldest sister) out and who I had to shelter in my own house together with her youngest son before she allied with "Mr. Satan" who made her sue me on a false claim?

That same Nasreen Sooky whose brother was sent by their father, Police constable Adam Beekawoo, to kill me by driving Soraya Currimjee's car (without a licence!) on me, and who tear gassed me, his own younger brother, my wife, and son with "Police" gas supplied by his father, and got away with crime despite of the fact that her father admitted to his ex-wife on the telephone that he had sent him to kill me, a recording of which was provided to the Curepipe Court Magistrate Laure Pillay?

During the Court case, the DPP sent out a member of his staff to see to it that his son was acquitted. Police constable Beekawoo was in attendance.  Awaiting my turn, my father-in-law went out smoking where he meant "Requin" who told him he was on a contract to kill or stab one "Basheer Soormally".  When my father-in-law told him that BASHEER WAS HIS SON-IN-LAW, he apologised and pleaded many times for forgiveness.  My father-in-law did not tell me about the incident, but on returning home he told his wife!    

That same Nasreen Sooky whose Policeman father threatened to send his son again, this time, with a 12 shot revolver to kill me because I was taking care of his divorced wife (my eldest sister) ?
   
 How can our brother Rafic descend so low as to always find a pretext to promote his Hindu wife (born a Muslim and member of our own family) when her immediate Hindu family was known to have rejected both her and her "Muslim" husband?  They did not even want her to use the name Seetulsingh!  Why is she always referred to as Seetulsingh-Soormally when it should have been Hassenbee Fatmah Soormally?  To my knowledge, our "cousin" Hassenbee (Sen) did live with the late Ramduthlall Seetulsingh, but was never adopted by him!  But, at the time, Rafic was courting Hindu prestige, honorability, and acceptance, and he even chose a "Hindu" name for his first born!

(Censored bit)

"Whenever my sister Nazma Jonan took my mum to Mauritius, they stayed at Alim's and Nasreen's house in Pailles. They love my mum so much. They too are very distraught with her demise."
What Mister Rafic does not say is that his Saint Nazma Jonan had once taken our mother to Mauritius, and then dumped her at our Auntie's place with her passport and luggage, and it was our younger brother-in-law who took her to the air-port, I was told by his wife or former wife (our younger sister)!
 That same Gori Chaumoo of Highlands, Mauritius, whose husband Abdool Rahim (Hassam) was the one who pork-selling Mr. Satan (Riverside Restaurant), and our eldest pork-eating brother (in the sixties!), both apostates, was hired as attorney to sue our father and other members of our family, including Rafic himself, over our house in Curepipe, and the Company's Bakery and land? 
That same Abdool Rahim Chaumoo or Chamroo who was caught around 5 o'clock in the morning on the premises burying witchcraft items under my bedroom window at Arsenal Street, and who sued me over a property matter with Yusuf Mohamed as his barrister?  I had France Vallet as lawyer, but he dumped me on our father's instructions!  I had a heated argument with Mr. Mohamed during the hearing, after he cowardly turned to the magistrate saying "You heard what he said"?  "Ne ricanez pas, Monsieur Mohamed", I had whispered to him, but the magistrate who had his head turned away did not hear me!  He angrily threatened to arrest me if I did not behave!  Outside the Court, I encountered Mr. Mohamed and I reminded him in his face about the rumours I heard about him and his father!  Apparently he knew about them! 
That same Bibi Fatmah Dookhith (born Soormally), our own father's sister, who admitted to me in the presence of our mother and eldest sister, that her husband had sacrificed piglets on the name of her brother (our father) and sons to destroy them, and that it was not her doing!  (Dhan Biswa, a common Indian practice in Mauritius!) ?
This pig sacrifice was confirmed to me in Paris by Alfred de Pitray's clerk when questioned by me at the Hôtel Windsor Laumain that I was managing then!  Alfred de Pitray was the attorney of that notorious witch, my own father's illiterate sister who seemingly was behind my retinal bleeding while I was studying in the USSR.  I received an anonymous letter and inside there was a blank sheet of paper with ashes!  The very next day I lost my eyesight in one eye because of bleeding, but was treated successfully in Moscow!  This is why I interrupted my medical studies and went on academic leave.  My aunt must have obtained my address from her daughter who was then working with the Labour womaniser!  I think she lives in the US.  After I visited that witch one day (Mauritius, around 1969) she gave me something to eat, and I was suspicious because she never used pepper on fried eggs!  It were ashes!  The very next day, at the Curepipe College where I was teaching I had a new bleeding of the retina.
To show off, Rafic did even shamefully display publicly our severely crippled mother at the wedding of his eldest son with whom I never spoke since he caused a scandal at the house of my son, because of sickening jealousy! 
I write the truth as I experienced it, and avoided a few painful although relevant bits, and do not give a damn if this displeases express.mu and the people mentioned by name in that piece of self-praising shit!  Some of the above facts were meant for my autobiography, but given the false and shameful publicity about MYmother, I had at least to write it down as a form of rebuttal knowing perfectly well that no presstitute media would ever dare print it!  But, I am thankful to our brother for providing us (me) with such a comprehensive list of names associated with our mother and him, and thankful to the member of our family who Mr. Rafic does not socialise with, who provided me with the above link as I do not read Mauritian crap! 

Our mother, a mother and grandmother of a few devils too, yes!  

Our mother, a mother who went to Court to have our eldest sister Farida convicted on an apparently false charge, and later to have me convicted too on a false charge TWICE!

Our mother, a mother who, after I found it out, admitted to me in the presence of my younger brother and his Turkish wife that she indeed went to a "healer" in Mahebourg "to ask him to pray for me" in the company of Reza who, the sorcerer said, went too, to ask him to cast a spell on our younger sister as he coveted her part of our house in Curepipe-Road, and in the company of our eldest sister who went to ask him to solve her problems with her divorced Policeman husband whose family was known to dabble in witchcraft!  

The sorcerer told me that my mother asked him to "curb my stubbornness because I did not get on with the rest of the family", and he said he had me possessed with a woman "tchureyl", and asked me to come to the river with him the following week to have her removed.  I never went although around 4 o'clock in the morning I did recurrently see a woman in my dream for a few seconds!  He gave me something to throw in the sea and when I reached Curepipe, I gave it to our mother on the bakery premises from where our eldest sister was kicked out.  I asked her to lift her right foot, and I passed my hand underneath and said to her: "I have now taken my Paradise from under your feet" in the very presence of my younger brother and his wife who had fraudulently taken over that part of the building!  They did not say a word nor deny the accusations!
    
But, there are tons more, good, bad, and ugly in the Soormally family, like in many families!  Great lady, indeed!
P.S. But, Rafic was somewhat better than all my other brothers!

Basheer Ahmad Frémaux-Soormally


Tuesday 20 February 2018


COURT CASE INSTIGATED BY THE TWO SATANS! 
NOTICE HOW BOTH PARTIES CLEVERLY AND DISHONESTLY DID NOT INCLUDE MY NAME (NOR THAT OF OUR MOTHER!)!  
BECAUSE I WAS THE ONLY ONE TO TELL THE WHOLE TRUTH!
THE JUDGES WERE MOST PROBABLY BOUGHT! 
(This practice of bribery is very common.  The usher of Curepipe Magistrate who was the father of one of my students told me that our father had given the magistrate 800 rupees in his very presence to have me convicted in one of the many cases instigated by him and others to destroy me!)




SOORMALLY A M V SOORMALLY S

2002 SCJ 212

Record No. 35256
IN THE SUPREME COURT OF MAURITIUS
In the matter of:-
Mr Abdool Maleck Soormally
Plaintiff
v.
1. Miss Shenaz Soormally
2. Mrs Bibi Rahelah Soormally
3. Miss Bibi Zarka Soormally
4. Miss Nazma Jonan Soormally
5. Mr Reza Soormally
6. Mr Said Soormally
7. Mr Khalell Hamad Soormally
8. Mr Mohummad Raffic Soormally
Defendants
And
In the presence of:-
Mr I. Soormally
Co-defendant
JUDGMENT
The plaintiff and the defendants are the children of the co-defendant. It is
averred by the plaintiff that in 1962, he purchased from the co-defendant a portion of
land of an extent of 24¼ perches (Doc P1) and from his grand father, the bare
ownership in a portion of ½ arpent (Doc P2). His grand father passed away in 1966
while he was overseas for his studies and he appointed his father as his agent and
proxy.
It is averred by the plaintiff and which has been proved by the various title deeds
produced that:-
(a) in virtue of a deed drawn up by Notary K. Dassyne on March 20, 1978 (Doc
P3), the co-defendant acting as his agent and proxy, transferred to
defendants nos. 1, 2, 3, 4, and 5 the portion of land of 24¼ perches for the
sum of Rs20,000 alleged to have been paid “hors la vue du notaire”;
(b) on March 19, 1969, in virtue of a deed drawn up by Notary K. Dassyne, the
co-defendant acting as his agent and proxy transferred to Dodo Bread and
Biscuit Factory Co. Ltd. the portion of ½ arpent for the sum of Rs12,000
allegedly paid “hors la vue du notaire” (Doc P4);
(c) On November 28, 1972 and March 5, 1973, before Notary K. Dassyne, the
co-defendant acting as the statutory manager of The Dodo Bread and Biscuit
Factory Co. Ltd. transferred to defendant no. 2 the ½ arpent for Rs 30,000
(Doc P5) out of which Rs20,000 was paid before the sale;
(d) On June 10 and 15, 1976, before Notary K. Dassyne, the co-defendant acting
as the agent and proxy of defendant no. 2 sold to defendant no. 6 who was
absent from the country, 25 perches distracted from the ½ arpent for the sum
of Rs15,000, the payment having been effected “hors la vue du notaire” (Doc
P7);
(e) On January 12, 1978, before Notary K. Dassyne, the co-defendant acting as
agent and proxy of defendant no. 2 sold to defendant no. 7, a portion of 17
perches distracted from the ½ arpent for the sum of Rs17,000 paid “hors la
vue du notaire” (Doc P8);
(f) On June 15 and 20, 1978, before the Notary Dassyne, co-defendant acting
as agent and proxy of defendant no. 7 sold to defendant no. 8 a portion of
land of 7 50/100 perches distracted from the land of 17 perches mentioned in
(e) for Rs 8,000 paid “hors la vue du notaire” (Doc P9);
(g) On July 4 and 13, 1978, before Notary Dassyne, the co-defendant acting as
agent and proxy of defendant no. 2 sold to defendant no. 6 a portion of 7
96/100 perches distracted from the ½ arpent for the sum of Rs35,000 paid
hors la vue du notaire” (Doc P 10) ;
(h) On 9 and 15 January 1985, before Notary Joson, defendant no. 6 through his
agent and proxy, his sister Bibi Fareeda Soormally, sold to defendant no. 5
the portion of 7 96/100 perches mentioned in (g) for the sum of Rs35,000
paid “hors la vue du notaire” (Doc P11);
It is the contention of the plaintiff that the abovementioned sales were fraudulent
transactions made by the co-defendant to the defendants without any consideration and
he is praying for a judgment-
(i) declaring and decreeing that all the sales mentioned above are null and
void;
(ii) ordering and condemning the defendants and co-defendant to pay, jointly
and in solido, the sum of Rs 30,000 as moral damages.
Defendants nos. 1 to 5, 7 and 8 who were originally defended by the same
counsel and attorney, have given a common plea denying that the plaintiff was the
owner of the two plots of land. They further aver that the plaintiff left the country in 1961
when he was 21 and they have no knowledge that he had appointed co-defendant as his
agent and proxy. It is also averred that defendant no. 6 was personally present to
approve the sale referred to at (b) and defendant no. 7 was personally present in respect
of the sales referred to at (b), (e) and (h) while the other defendants were not in
attendance. They also aver that the plaintiff was never in possession of the two plots of
land and that they have never acted in collusion with the co-defendant in respect of the
sales which they claim to be genuine transactions.
Defendant no. 6 who was represented by his agent and proxy, Mr Adam
Soormally, has admitted all the averments of the statement of claim.
In his plea, the co-defendant has pleaded as follows:-
(i) that he did transfer in plaintiff’s name the property of 24¼ perches which was
a fictitious sale and that the plaintiff was acting as his “prête nom”;
(ii) after the sale, he had been in occupation of the property in question with
all his family;
(iii) while the plaintiff was abroad, he was sending money every month to the
plaintiff as the latter did not have any means of subsistence;
(iv) the transfer was effected in plaintiff’s name as he was the eldest son of
the family who was to return two years after his studies;
(v) as regards the plot of ½ arpent, he was running the bakery for his
personal account found on the land and his late father intimated his
intention to sell the land to him as he was trading on the land of ½ arpent;
(vi) he had the personal means to pay the sale price as his business was
flourishing;
(vii) the plaintiff was again acting as his “prête nom”;
(viii) he had been occupying the land as the owner;
(ix) in 1968, when the plaintiff intimated his intention to settle in the United
Kingdom, he asked the plaintiff to send him a power of attorney which
empowered him to manage and sell the properties in lite;
(x) he denied having acted fraudulently to appropriate plaintiff’s properties;
(xi) he claimed to be the owner of those properties and was therefore entitled
to dispose of them as it pleased him;
(xii) the co-defendant’s children purchased the lands as they wanted to keep
the family properties for them.
Alternatively, it is pleaded that, if the court finds the plaintiff to be the owner of the
lands in lite, the co-defendant acting under the power of attorney was entitled to act as
he did and that the plaintiff’s remedy can only be one of reddition of accounts in
connection with the management of his properties and affairs under the said power of
attorney.
It is also pleaded that the co-defendant had provided for the plaintiff during the
latter’s stay in London from 1961 to 1978 which amount had never been reimbursed.
Consequently, the co-defendant is not indebted to the plaintiff in any amount.
The first issue is the ownership of the two portions of land in lite. There is no
evidence to buttress the contention of the co-defendant that the plaintiff was his “prête
nom” as the co-defendant has left default and his interests were looked after by learned
counsel appearing for him. The other defendants who depose had no knowledge of it.
The plaintiff admitted that he was abroad when the sales were effected and that he
considered it to be a donation from his late grand father whose friend acted as his agent
and proxy on those occasions. He does not dispute that he had no means to purchase
those plots. For his subsistence, he had the help of his father and more particularly that
of his grand father. When gauged against the testimony of the plaintiff and the contents
of the deeds of sale (Doc P1 and P2), I find that it has not been established that the
plaintiff was the “prête nom” of the co-defendant as alleged and in the absence of
evidence on behalf of the co-defendant, the other relevant averments in his plea have
also not been proved.
Two points were raised as regards the sales. Firstly, it is said that the sales were
null and void in view of the collusion between the co-defendant and the defendants. It is
conceded by learned counsel for the plaintiff that there was no direct evidence of
collusion but that he was relying on circumstantial evidence.
It is the submission of learned counsel of some of the defendants that on the
evidence of the plaintiff himself, there could not have been collusion between the
defendants and the co-defendant as some of the defendants were not in the country at
the time of the sale and furthermore, the plaintiff himself stated that some of them were
not even aware of the sale.
In fact, the sales where the co-defendant acted as agent and proxy of the plaintiff
are those mentioned at (a) and (b) above and they were in respect of the 24¼ perches
and the ½ arpent. However, those two sales must not be considered in isolation more
especially, the sale in respect of the ½ arpent which had been the subject of further
parcelling and sales. The various sales when scrutinized as a whole, reveals that the
co-defendant has through a scheme disposed of those two plots of land in favour of his
other children for whom he also held a proxy. No doubt the co-defendant as agent and
proxy of the plaintiff has the necessary power to sell on behalf of the latter but in the first
place, there must have been a request by the plaintiff to sell which is blatantly absent in
the present case and I believe the plaintiff that he was not even aware of the sales
referred to at (a) and (b) above until much later.
As pointed out in S. B.Baillache v S. Madarbukus [2001 SCJ 70] where the
agent and proxy had acted against the interest of his principal in circumstances
revealing a fraud to the prejudice of the latter, the acts done on behalf of the principal do
not bind him. Furthermore, the result would be the same in the event of the agent
diverting the power given to him for his own benefit and in those circumstances, the
remedy for reddition of account finds no application.
I may also refer to Jurisclasseur Dalloz: Verbo Mandat, Art 1991 à 2002 Fasc
2 at note 15:-
“Bien qu’accomplis dans les limites du mandat, les actes du mandataire
n’engagent pas le mandant vis à vis des tiers de mauvaise foi, et
particulièrement en cas de fraude concertée entre le mandataire et le tiers.”
I shall therefore analyse the facts of the present case in the light of the authorities
referred to above. Although the co-defendant had left default, the plea he had given
goes a long way to show his attitude and his state of mind. He claimed to be the owners
of those lands, the plaintiff being simply his “prête nom”, and therefore he was free to
dispose of those lands without even informing the plaintiff. That plea, as rightly
submitted by learned counsel for the plaintiff, is in contradiction with that of the other
defendants who claim that the sales were genuine sales.
Now the sale to the Dodo Bread and Biscuit Factory Co. Ltd. is a clear example
of a conflict of interest and a breach of co-defendant’s duty as agent and proxy of the
plaintiff. He acted as agent and proxy of plaintiff to sell to the Dodo Bread and Biscuit
Co. Ltd. when he was its statutory manager (Doc P4). He was no doubt an interested
party and he had diverted the power vested in him for his own benefit. It could not be
said that he acted in good faith and in the interest of his principal and it can reasonably
be inferred that there had been collusion between the co-defendant and the Dodo Bread
and Biscuit Factory Co. Ltd represented by the other manager of the company to deprive
the plaintiff of the said property. I am satisfied that the sale smacks of fraud.
Furthermore, there is more to the fraud. After the sale of the land to the Dodo
Bread and Biscuit Factory Co. Ltd., the scheme designed by the co-defendant reveals
that he was not acting in the best interest of the plaintiff and that without plaintiff’s
knowledge becomes clearer. The co-defendant, in his capacity as the statutory
manager of the company, sold the plot of ½ arpent to defendant no. 2 who was absent
from the country and she was represented by defendant no. 7 (Doc P5). The codefendant
acting as agent and proxy of defendant no. 2 sold to defendant no. 6, who
was absent from the country and who was represented by one Azad Sookhy, 25 perches
distracted from the ½ arpent (Doc P7). Again acting as agent and proxy of defendant
no. 2, the co-defendant sold 17 perches distracted from the ½ arpent to defendant no. 7
(Doc P8). This time acting as agent and proxy of defendant no. 7 who was absent from
the country, the co-defendant sold 7 50/100 perches distracted from the 17 perches to
defendant no.8 who was absent from the country and was represented by one Bachun
Goodoorah (Doc P9). Again acting as agent and proxy of defendant no. 2, the codefendant
sold to defendant no. 6 who was represented by Mrs Farida Soormally a
portion of 7 96/100 perches (Doc P10). Even if there was no evidence of collusion
between the co-defendant and the other defendants who were absent from the country,
their agent and proxy simply accepted the sales on their behalf. This does not mean
that there was no fraud as for all the sales, it was the co-defendant who masterminded
them and was, on his own plea, entitled to do whatever he wished with those properties.
Bearing in mind the attitude of the co-defendant as culled from his plea, the
question is whether there had been consideration for those sales.
Now, the plaintiff could not say if there had been payments and he conceded that
the co-defendant did not remit any money to him and furthermore, he did not ask him to
account for the sales for which he was kept in the dark until much later when he got wind
of them.
Although defendant no. 5 has deposed that he had sent money to defendant no.
7, however, he had to concede that the money he had sent as evidenced by the various
bank documents and the certificate of posting (Doc D5 to D8) was meant to help
defendant no. 7 and not to buy land. Anyway, the two sales took place in March 1978 in
respect of the 24¼ perches and in January 1985 in respect of the plot of 7 96/100
perches and the money sent to defendant no. 7 was well after those sales. I do not
believe him that he had well before the sale left money with defendant no. 7 to pay for
the purchase. Oddly enough, there is no trace of any document to show the existence of
any fund left with defendant no. 7.
Defendant no. 4 left for England in October 1973. She worked in the bakery for
some time before she opted for a job as teacher in a secondary school for 18 months.
She wants me to believe that, at the time when she was still a student nurse, when she
came back two years after her studies, she had brought with her 500 English pounds in
cash to give it to her father for the purpose of purchasing a plot of land. It was in 1978
that a plot was purchased in co-ownership with his brothers and sisters (defendants no.
1, 2, 3 and 5). She knew nothing about the sale to Dodo Bread and Biscuit Factory Co.
Ltd. When she was confronted with the fact that the sale of the 24¼ perches of land
was for Rs 20,000 and that she must have purchased a bigger share in the 24¼ perches
of land with her 500 pounds sterling, she was quick to reply that she had only 1/5 of the
share and the money she had given was also used to maintain the house and the land.
Furthermore, she had been sending money regularly for the maintenance of the property
but she had no document to buttress her say.
I have not been convinced by her in view of the plea given by the co-defendant
who had considered that the lands were his and that he could do whatever he wanted
with them. The letters produced by the plaintiff which he claimed to have been written
by his father and which I do not doubt, reveals clearly that the co-defendant had, through
the scheme as highlighted above, been distributing those lands at will to his children.
The co-defendant was also the agent and proxy of those children concerned in the
various sales and the payments were allegedly paid “hors la vue du notaire” and the
question is who gave the money. For some of the defendants, the money was left with
their father, the co-defendant, and the proxy representing them must have been there
simply as a formality when the truth is that no money had changed hands.
Similarly defendant no. 8 has explained that he was the co-owner of a plot of
land in Vacoas together with his brother, defendant no. 7, which was sold in 1975
through his father, the co-defendant, who was acting as their agent and proxy. The sale
was for Rs66,000 (Doc D3) which amount was allegedly kept by the co-defendant who
used it to pay for the purchase of 17 perches in 1978. For the same reason given as
regards defendant no. 4, I doubt if payment had been effected.
By his admission in court, defendant no. 6 has brought water to the mill of the
plaintiff in that the sales were fictitious transactions with no consideration. I would not go
along with him that he was aware of all the sales but at least for those which concerned
him. Anyway, if that method had been applied in his case, I find it reasonable, again
bearing in mind the attitude of the co-defendant, that the same must apply for the others.
After anxious consideration, I find that the plaintiff has established on a balance
of probabilities that through a scheme, his father, the co-defendant, had acted in bad
faith and against his interest in disposing his properties without his knowledge, in fraud
of his rights and for no consideration. I therefore find that the sales at (a) and (b) are null
and void and consequently, I also find all the subsequent sales referred to at (c) to (h)
are also null and void.
Similarly as regards the sale at (g), albeit that there was a letter dated April 4,
1980, written by the plaintiff on behalf of defendant no. 6 giving instruction to his sister,
Bibi Faridah Soormally, to sell on behalf of defendant no. 6 the land and the bakery
found on the land (Doc D2), that sale is of no effect and it is null and void as (i) the sale
to defendant no. 2 was null and void and consequently she had no title to pass; (ii) the
plaintiff had no power to instruct his sister on behalf of another brother; (iii) no
explanation was given why the sale took place in 1985 only and I accept the explanation
of the plaintiff what prompted him to write that letter and finally, I also find that there was
no consideration.
I do not consider the amount of Rs 30,000 claimed as moral damages against all
the defendants and the co-defendant jointly and in solido to be unreasonable and I allow
plaintiff that amount.
With costs.
P. LAM SHANG LEEN
Judge
16 August 2002
For Plaintiff : Mr Attorney M H Salehmohamed – Mr R Montocchio QC
For Defendants No. 2, 3 & 4 : Mr Attorney R Posooa – Mr S Ghurburrun, of Counsel
For Defendant No. 5 :Mr P Balmanno SA – Sir M David QC
For Defendant No. 7: Mr Attorney S Sookia – M A Bocus, of Counsel
For Defendant No. 8 : Mr Attorney U K Ragobur – Mr N Proag, of Counsel
For Co defendant : Mr Attorney R Bucktowonsing – Mrs Y Juddoo-Proag, of Counsel

SOORMALLY M.R. & ORS v SOORMALLY A.M.
2007 SCJ 45
RECORD NO. 683
IN THE SUPREME COURT OF MAURITIUS
(COURT OF CIVIL APPEAL)
In the matter of:
1. Mr M.R. Soormally
2. Mr R. Soormally
3. Mrs B.R. Soormally
4. Miss B.Z. Soormally
5. Miss N.J. Soormally
6. Miss S. Soormally
Appellants
v
A.M. Soormally
Respondent
In the presence of:
1. Mr S. Soormally
2. Mr K.H. Soormally
Co-Respondents
JUDGMENT
This is an appeal against a decision of the Supreme Court which
declared null and void –
(a) the seven sales effected by the then co-defendant, Mr Idriss
Soormally, the deceased father of the appellants, the
respondent and the two co-respondents (“the deceased”) in
respect of two plots of land in lite of 24¼ perches and ½ arpent
belonging to the respondent, then the plaintiff;
(b) the sale effected by the first co-respondent in 1985 to the
second appellant in respect of a portion of land of 7.96 perches
distracted from the plot of land of ½ arpent and which had
earlier been sold to him (the first co-respondent) by the
deceased in July 1978,
since the deceased had acted in bad faith and without the respondent’s knowledge,
in fraud of his rights and for no consideration.
The respondent was also awarded by the Court Rs 30,000 as moral
damages.
We need not reproduce the grounds of appeal of the appellants which
were pressed before us and essentially question the findings of fact of the trial Court
and its appreciation of the evidence on record. With regard to the issue of delay
between (a) the dates of the various sales and the entry of the claim in 1986 and (b)
the entry of the claim and the trial, it was not raised, as rightly pointed out by learned
Counsel for the respondent, in the pleadings of the appellants, then the defendants
or of the deceased, then the co-defendant, nor canvassed in evidence by the
appellants or in submissions made on their behalf. In any event, the delay for the
protracted trial was largely due to the fault of the appellants and the deceased, as the
record shows. That is why we refused to allow Counsel for the appellants to pursue
the matter further before us on appeal.
The trial Court considered, first, the ownership of the two plots of land
in lite of 24¼ perches and ½ arpent respectively purchased by the respondent from
the deceased and his grandfather (Docs. P1 and P2). It had no difficulty in rejecting
the claim of the deceased that the respondent was his «prête nom», the more so as
the deceased did not testify in Court to buttress his claim. Consequently, it rightly, in
our opinion, found that the owner of the two portions of land in lite was the
respondent, as evidenced by Docs. P1 and P2. It is significant that, although the
two sales effected to the respondent were without any consideration, it was not the
case of the appellants that those sales were disguised donations. The appellants in
this regard only denied that the respondent was the owner of the two plots of land
in lite.
Second, the sale effected by the deceased, acting as the agent and
proxy of the respondent, to the second, third, fourth, fifth and sixth appellants in
respect of the plot of land of 24¼ perches as well as the subsequent two sales of the
plot of land of ½ arpent to Dodo Bread and Biscuit Factory Co. Ltd. and the third
appellant respectively and the four other sales of the various portions of land
distracted from the plot of ½ arpent to successively the first co-respondent, the
second co-respondent, the first appellant and the first co-respondent were effected
without any consideration whatsoever and without the knowledge of the respondent
and in fraud of the rights of the respondent.
The trial Court found as a fact that the sale of the plot of land of 24¼
perches to Dodo Bread and Biscuit Industry Co. Ltd of which the deceased was a
statutory manager was “a clear example of a conflict of interest and a
breach” of the deceased’s duty as agent and proxy of the respondent as he had
diverted the power vested in him for his own benefit.
Moreover, although there was no evidence of collusion between the
deceased and the appellants, the trial Court found that it was the deceased himself
who had masterminded the scheme regarding all those fictitious sales and that the
proxies of the appellants simply accepted the sales on their behalf so that the
respondent was dispossessed of his two plots of land without his knowledge and in
fraud of his rights.
Having reviewed the evidence on record, in the light of the
submissions of Counsel on all sides, we consider that the findings of fact of the
learned trial Judge are warranted by the evidence on record and there is
consequently no justification for interfering with them or with his appreciation of the
evidence adduced before him.
As for the plea of the first co-respondent, then the sixth defendant, it
was considered by the trial Court as an admission against himself; it was never
reckoned by the Court to be evidence against the other appellants. All that the trial
Court stated was that the first co-respondent “had brought water to the mill” of the
respondent in that “the sales were fictitious transactions with no consideration”, as in
the case of the two portions of land of 25 perches and 7.96 perches sold to him (the
first co-respondent) by the deceased in 1976 and July 1978 respectively. The Court
concluded as follows –
“Anyway, if that method had been applied in his case, I find it
reasonable, again bearing in mind the attitude of the co-defendant (the
deceased), that the same must apply for the others” (the underlining is
ours).
Given the scheme masterminded by the deceased to dispose of the
two plots of land of the respondent without the latter’s knowledge by means of
fictitious sales to the appellants and the co-respondents, we consider that this
conclusion cannot be faulted. Moreover, since the deceased had illegally sold to the
first co-respondent the portion of 7.96 perches in July 1978, it stands to reason that
the first co-respondent could not lawfully sell, as he did, that portion of land to the
second appellant in 1985 as he had no title to that land.
For the reasons given, we uphold the decision of the trial Court and
dismiss this appeal, with costs.
A.G. PILLAY
CHIEF JUSTICE
K.P. MATADEEN
JUDGE
1 March 2007
Judgment delivered by Hon. A.G. Pillay, Chief Justice
For appellants Nos. 1 and 2: Mr Attorney R. Bucktowonsing
Mr N. Proag, of Counsel
For appellants Nos. 3,4,5,6: Mr Attorney V.R. Luchmaya
Miss S. Xavier, of Counsel
For respondent: Mr Attorney M.H. Salehmohamed
Mr R. Montocchio, Q.C.
  


2 comments:

  1. I spent my childhood having a lot of fun and serving non stop my home and family until one day I got so frustrated that I foolishly (censored) once before and once after I returned from my studies from the U.S.S.R. with one intermediary very clumsy attempt I did not have to read novels as so many stories of life were being realised right inside my own family including those of the evil ones.
    At 72, I could write an entire encyclopedia about my parents and their eleven children and even the twelth one who died at birth in clinic. All the rest of us were delivered at home by a Harijan Hindu woman with impaired eyesight.
    But, do not trust my memories, except what I can back up by evidence most of which has been savagely destroyed by my barbaric and selfish family.
    My other siblings will of course disagree as they chose to live in lies and with even the evil ones. So, our paths differed.
    Among the boys, I was the only one close to my mother when I lived at home. With my sisters, we did all the house, garden, and shopping chores together, according to my abilities as a child. While all my four brothers lived only for themselves, each one busy with his own hobby or studies.
    The one thing that we all missed was a monoculture, one religion, and God! Although extremely well versed in many languages, and in Islam, he did not give a damn about the spiritual upbringing of his children, and chose the materialist way in a despicable and incompetent manner!
    As far as material incompetence is concerned, my father and I are the same.
    BAFS

    ReplyDelete
  2. From a very close relative
    UNCLE, you and your articles!
    XXX

    ReplyDelete