The fraud case involving Westridge Primary School head Thakorbhai Kanjee and his wife Jaya will continue on November 17.
The couple, aged 73 and 71 respectively, are accused of fraudulently increasing their shareholding in a family-owned company without the consent of another director allegedly prejudicing a fellow family member.
Recently, they had applied for discharge through their lawyer, Paidamoyo Saurombe, arguing that the prosecution had failed to establish a case against them.
However, Magistrate Artwell Sanyatwe ruled that there were matters requiring an explanation from the accused, paving the way for the trial to proceed.
The State alleges that the couple unlawfully allotted themselves additional shares in T and J Investments (Pvt) Ltd without obtaining the consent of their fellow director, Neeshta Urmila Patel.
Patel, who testified as the complainant, told the court that the company was established on March 27, 1990, to own and lease commercial properties.
She said she was a director alongside the accused and her late father, Arvindbhai Bhikubhai Patel, who died on March 7, 2015.
According to her testimony, the company initially had 40 shares, with her father holding 20, while Kanjee and his wife each held 10.
Following her father’s death, Patel was appointed executor of his estate on July 24, 2015, and subsequently inherited his shareholding in the company.
She told the court that on August 16, 2024, the accused presented her with a special resolution proposing an equal distribution of shares among the shareholders.
However, Patel said she declined to sign the document.
Despite this, she told the court that on September 10, 2024, she received a Return of Allotments (CR 11) indicating that the accused had each allocated themselves an additional 10 shares.
Patel said she later attempted to obtain the company’s records from the Registrar of Companies but was unsuccessful.
She subsequently reported the matter to the police on March 11, 2025, leading to the arrest of the couple on July 14, 2025.
The matter has been remanded to November 17 when the proceedings are expected to continue.