Durban family feud over fish franchise

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File photo

Published Aug 29, 2016

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Durban - A Durban family, whose relationship allegedly recently soured, are involved in a bitter legal dispute over who is the rightful owner of a takeaway franchise in Chatsworth.

In recent court papers, the stepmother, Ummy Aiyman Khan, and her husband, Feroz Khan, claimed her stepson, Mohammed Nadeem Khan, had agreed to open a business account in his name so they could continue to run their business of buying and selling properties.

This followed default judgments against them, resulting in their poor credit rating.

She claimed that using funds in this bank account, they bought a Fishaways franchise in Chatsworth to sustain their family, but it was in her stepson’s name, because he had signed the franchise agreement.

When their credit rating apparently improved, they wanted the bank account and franchise in their name, but claim the stepson is now refusing to do this because of recent arguments with his father over his alleged drug addiction.

In court papers, the stepson denied the allegations and provided the court with drug test results to prove his innocence.

He further alleged the franchise was bought for him by his father to make amends for abandoning him as a child.

He admitted changing his mind about the bank account because he felt he was being defrauded.

He also attached a charge sheet to his court papers, where it is alleged that the couple face fraud charges in Gauteng.

Durban High Court Judge Mahendra Chetty granted an order allowing the couple to supplement their court papers and adjourned the matter indefinitely last week.

The stepmother alleged the three of them had a very good relationship.

“We trusted him to protect and advance our interests. Convinced he would abide by the agreement between him and us, we even relocated to Durban to pursue our business interests, as well as assisting and helping to create a future for (my stepson),” Khan said in her affidavit.

She said he was 18 at the time and had never been employed where he earned a substantial salary, and did not intend furthering his studies.

The stepmother said their main income was via buying and selling properties, and that she had paid or had transferred “well in excess of R3 million” into this business account.

“At no time did we intend for any funds in the business account to be a donation to (my stepson), nor for the funds to be used for his benefit,” she claimed in court papers.

In January 2014, she said they bought the Fishaways franchise in Chatsworth “for the sole purpose to sustain our family”.

She said her stepson signed the franchise and lease agreements, and said he was employed at the franchise and received a monthly salary.

When the couple’s credit rating improved, the stepmother said they then made arrangements for the bank account and the franchise to be transferred into their names.

However, after arguments her husband had with his son over his alleged drug use, and allegedly using money from the business to fund the addiction, the stepson revoked the letter to the bank about this transfer.

However, her stepson, in his affidavit, said he was the sole owner of the franchise.

“I have never held that business as his nominee, and have always owned that business on the basis that it was his way of making up to me for lost time,” read his affidavit.

He also claimed the couple relocated to Durban “under a cloud of controversy” about fraud and corruption allegations against them.

When they moved to Durban, he said his father wanted to rekindle and establish a relationship with him, hence the Fishaways purchase.

The Gauteng charge sheet alleged the couple opened a bank account in their domestic worker’s name without her knowledge, and also tried to get a loan to purchase a property.

The stepson admitted their relationship had deteriorated, but because of the couple’s behaviour, and hoped he could have a cordial relationship with his father in the future.

He also admitted revoking the letter to the bank because he felt they were trying to defraud him and interfering in the business.

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