Batatawala and Son-in-Law Clash in Court Over Vehicle Ownership

Blantyre’s prominent business figure, Abdul Karim Batatawala, and his son-in-law, Shabir Jussab, have found themselves embroiled in a bitter legal dispute that has now reached the Midima Magistrates Court in Blantyre.

At the heart of this feud lies a 2019 Toyota Fortuner with registration number BX4246. Batatawala, through his company, Lido Electrical, contends that he lent this vehicle to his daughter, Alisha, while she was married to Shabir. However, a thorough examination of court documents reveals a different story. Jussab, through his company RR Trading, has provided evidence indicating that he paid in full for the vehicle, as confirmed by a change of ownership document filed with the road traffic directorate, where Batatawala explicitly states that he sold the car to Jussab.

In a summons filed through his legal representatives at Mbeta & Company on October 26, Batatawala asserts that he permitted Jussab to transfer the vehicle’s ownership to his name in August 2020. The reasoning behind this change was that acquiring a Certificate of Fitness and Insurance for the vehicle proved challenging when it was registered in Batatawala’s name. His summons states, “The said Mohammed Shabir Salim Jussab and Alisha Mohammed Shabir Jussab are now divorced, so the motor vehicle cannot continue to be in Jussab’s name.”

Presenting his defense through Clarkes Attorneys, Jussab contends that he legitimately purchased the vehicle from Batatawala and, following the completion of all payments, registered it under his business name. His defense document reads, “The change of ownership was merely a formality to reflect the legal status of the vehicle after full payment.”

In a counterclaim, Jussab alleges that while he was abroad, Batatawala unlawfully took possession of the vehicle and has since refused to return it despite his repeated efforts. To substantiate this claim, Jussab provides six payment vouchers ranging from K5.2 million to K23 million, totaling K60 million, demonstrating the payments he made for the vehicle from August 2020 to January 2021.

It’s important to note that this legal battle is not the only one between the two parties. Batatawala has sought Jussab’s arrest on separate allegations of insulting him through Facebook and WhatsApp. Jussab, who is currently conducting personal business in Saudi Arabia, faces accusations of cyber harassment against Batatawala.

Beatrice Mikuwa, the spokesperson for the South West Region Police, has disclosed that Malawi Police have initiated an Interpol alert to apprehend Jussab and bring him back to Malawi. The allegations against Jussab pertain to violations of section 86(b) of the Electronic Transaction and Cyber Security Act. The police maintain that between July and August 2023, Jussab employed his computer system to disseminate threatening messages with the intent of causing harm to Batatawala and his family.

Jussab, who is no longer associated with Batatawala’s daughter, currently resides in Saudi Arabia with his son. Additional charges assert that Jussab, 32, also used WhatsApp messages during the same period to intentionally disrupt or attempt to disrupt the peace, privacy, or tranquility of Batatawala and his family members.

The warrant issued reads, “You are hereby directed to arrest the said Shabir Jussab and to produce him before this court in execution of this your warrant and herein fail not.”

According to police sources, Jussab is alleged to have sent offensive and threatening messages to Batatawala, including baseless and sensitive accusations against him and his family. Batatawala claims that Jussab committed a cybercrime against him and his family, citing an investigation by the cybercrime unit at Area 30 that traced the messages back to Jussab.

In response, Jussab, speaking from Saudi Arabia, claims that Batatawala’s animosity stems from his refusal to involve his business in government supply contracts. Jussab contends that, despite being a British citizen, he declined Batatawala’s repeated requests to engage his business in government supply contracts. “This is a family matter,” he clarified. “Over the past three years, he has persistently pressured me, even involving his wife and my wife. However, I consistently declined his requests until a few weeks ago. When I refused again, he resorted to threats. I maintain an ethical business that does not involve government dealings.”

Jussab further explained that despite his British citizenship, his life and livelihood are firmly rooted in Malawi. However, due to ongoing threats, he currently deems it unsafe to return.

Regarding the alleged threatening messages, Jussab stated that he merely forwarded messages circulating against Batatawala, disavowing any active involvement in sending threats. He also dismissed the notion that he had the resources to challenge Batatawala’s wealth-driven legal pursuits.

It is essential to note that Batatawala has been involved in various legal issues. An investigative report by the Platform for Investigative Journalism (PIJ) has detailed Batatawala’s questionable practices involving Malawi’s Defense Force, Police, and Immigration Department. The report has highlighted instances where Batatawala’s companies received contracts and payments for goods that were substandard or not delivered as specified. Additionally, the investigation has exposed his manipulation of political connections to secure payments for rejected procurements and overcharging for goods procured by public departments.

The ongoing feud between Batatawala and Jussab unveils deeper family conflicts while also involving international elements, legal complexities, and business practices.

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