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Copyright Lawsuit: Defenses Glorifying the Aga Khan filed in federal Court - 2010-04-29

Thursday, 2010, April 29
Heritage News

In a surprisingly rapid twist of events, both Mr Tajdin and Mr Jiwa have filed their respective statements of Defense this 29th of April 2010. They affirm to being devoted followers who will unconditionally abide by the wishes of the Aga Khan, whom they glorify in their defense.

Mr Tajdin declares that:

He has not been served yet but the ethics imposed upon him by his faith demands that he should not keep in ignorance the public by being silent on the issue and should clarify all of the facts, pertaining to this lawsuit, of which he is aware.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of his wishes, and is ready to surrender himself and all his possessions to the Imam.

He has been printing Farman books since 1992 with approval and instructions from the Imam received on August 15, 1992 in Montreal.

He has not received any communication from the Imam from 1992 to 2009 instructing him to stop publication.

He cannot stop publication without instruction from the Imam as this would be a breach of his oath of allegiance to the Imam.

All Farman publications were financial deficit projects done as a volunteer service and large numbers of books were distributed free of charge.

Farman sharing is a historic Ismaili tradition which still continues today.

The current Ismaili Constitution does not restrict the right to publish Farmans

Mr Tajdin concludes that:

He has no choice but to await further direct instructions from the Imam.

He reaffirms his allegiance to the Aga Khan, is willing to submit to any of His wishes, and is ready to surrender himself and all his possessions to the Imam.

Mr Jiwa states that:

"This action does not appear to have been authorized personally by the Aga Khan .."

"In distributing Farman books obtained from Tajdin to other Ismailis, he has not violated either the Ismaili Constitution or any Farmans"

He has not violated the copyright act as "Tajdin was given express authority by the Imam" and regardless of the fact that "the limitations period provided for by the Copyright Act also bars this action as the books containing the Farmans were commenced publication in the year 1992", he will still do whatever the Imam tells him to do.

Mr Jiwa clarifies finances:

He "obtains these books for C$50.00 and sells them for C$50.00 or gives them free, without any profit.

"All monies received by him from the sale of (other) books after 2005 were delivered to the Jamatkhanas"

Mr Jiwa further states that:

"If the Imam edited the Farman before releasing to the Jamats, in effect he is superceding the Farman he made orally previously."

He "unconditionally reconfirms his oath of allegiance to his Imam" and "if the Imam does not desire his Farman books to be distributed to the Jamats (...) this defendant will submit to the instructions of His Imam without reservation whatsoever"

Replies From the Plaintiff are due within 10 days, and Affidavits of Documents are due 30 days later.

[Update from May 6: Ogilvy Renault, the law firm which launched the case has asked for an extension of 15 days to reply to the Defense. They claim delays due to breakdown of email servers, blackberry communication, travel of senior lawyer, time difference with Paris etc...The more delays in this file, the more damage it creates to the reputation of the Ismaili community, the Imam and the defendants. It is to the advantage of all parties that this case be withdrawn from the courts.]

[Update from June 22: Defendants have filed a Motion for summary Judgement to have the case dismissed.]

[Update from September 5:
Online Book that gathers court materials as well as articles that are currently available for the ongoing 2010 Lawsuit:

Copyright Lawsuit 2010: Online Book of All available Materials
News on cross-examinations:
Copyright Lawsuit: CROSS_EXAMINATIONS Table of Contents - 2010-09-04
Latest Development
Copyright Lawsuit: Imam Appears for Discovery and Ends the Case - 2010-10-15
As users are asking to read the letters from Nagib and Alnaz on the court docket, the latest have been attached on the following link:
A. Various Court Filings

Revised Factums have been posted Here:
2010-11-29 Summary Judgment : Plaintiffs Revised Combined Factums of Reply and of Motion
2010-11-29 Summary Judgment: Defendants' Revised Factums of Motion and of Reply

There has been proven fraud in the recent past in the Aga Khan's domain by the Aga Khan's agents:
Aga Khan Lawsuit: Fraud at Aga Khan Studs - 2000-02-22

2011-05-25: A Jamati Member who has never met the Defendants volunteered as his brotherly duty to pay the $30,000 that was demanded in the Plaintiff''s submissions and that was accordingly ordered by the judge.
Read the full details of the $30,000 payment directly to H.H. The Aga Khan.

2011-06-16: The Appeal Memorandum of Fact and Law against the Summary Judgment has been filed in court by the defendants on June 16th, 2011.
Read the Full Appeal Memorandum of Fact and Law

Link to Court Docket Case T-514-10
Link to Court Docket Appeal A-60-11
Link to Court Docket Appeal A-59-11
Link to Court Docket Appeal A-156-13

Latest News Comments

Tajdin Defence Apr 29.10.pdf491.02 KB
Jiwa AK Defence Apr 29.10.pdf543.82 KB


INstitutions in East Africa

Nizar Juma who has multipositions gives an update.(see list of his Positions below). Aga Khan community companies are expanding in East Africa and across the African constitnent.

Nizar Juma Chairman says, Insurance and financial services group Jubilee Insurance won a joint 30-year concession deal to operate Uganda’s Bujagali hydro-electric power project, helping to diversify its revenue streams with the potentially lucrative contract.

Aga Khan community effectively own about 40% of Jubilee insurance. The company, which owns Jubilee Insurance, is a joint shareholder in the 250-megawatt Bujagali Energy Limited through its subsidiary Jubilee Investment Company.

The Ugandan government, US-based hedge fund Blackstone and the Aga Khan Fund for Economic Development are the other shareholders. The shareholders & underwriters of the equity fund for the Bujaggali investment are not disclosed.

“We will earn a share of the profits generated by the project during the period of the concession,” Jubilee board chairman Nazir Juma told the Business Daily in a telephone interview from Mauritius.

Jubilee Holdings is primarily listed on the NSE and also cross-listed on the Uganda and Dar es Salaam
Jubilee’s effective equity interest in the Bujagali project is not disclosed. Building of the Bujagali plant lasted five years, with the partners contributing to the construction cost of $900 million.

The Bujagali venture is part of Jubilee’s strategy of diversifying away from bonds and quoted equity investments. The firm has also invested in Tsavo Power, a private electricity producer in Kenya.

Jubilee also has interests in property development and fund management besides holding a stake in fibre optics infrastructure firm Seacom in which the total investment is over $650 million

Besides increased investments in private ventures, Jubilee is also seeking to expand its insurance operations across the continent. Jubilee hires former AIG executive to drive expansion bid Mr Juma told the Business Daily in an earlier interview that Jubilee is targeting to enter at least four new markets in the medium term. It currently operates in five countries through insurance subsidiaries in Kenya, Uganda, Tanzania, Burundi, and Mauritius.

Nizar Juma says “ Aga Khan Development Boards (AKDN),  where we join hands with hundreds of companies for various services, but only when they pledge not to accept or offer bribe. So before we go for an alliance with any firm, we ask 'do you want to be blue?' And see, we are always among the top 25% whatever field we jump into…”

Multi Positions of Nizar Juma
Bujagali Energy Limited - Uganda
3000 employees during peak construction
2007 - Present (6 years)

Tsavo Power Kenya
1995 - present ( 17 years )

Privately Held; 51-200 employees; Telecommunications industry
April 2007 – Present (6 years Mauritius/Africa)

Group Chairman
Jubilee Holdings Ltd
August 2004 – Present (8 years ) East & Central Africa

Board Director
Diamond Trust Bank Kenya Ltd
Public Company; 501-1000 employees; Banking industry
April 2002 – Present (11 years ) Kenya

Member of the Board of Directors
World Business Academy- Business Academy – San Francisco
May 1995 – Present (18 years ) San Francisco

Founding Trustee
Vice President for Africa

Group Chairman
Industrial Promotion Services Ltd
July 1982 – Present (30 years ) East & Central Africa

Managing Director
Orbitsports Limited
January 1968 – Present (45 years ) Nairobi
Private Manufacturing & Trading Company

Chair - Managing Director
Adidas Teams ports Limited
January 1968 – Present (45 years )
Private Manufacturing & Trading Company

Managing Director
Kasena International Limited
January 1968 – Present (45 years )
Private Manufacturing & Trading Company

Aga Khan Health Services
July 1996 – July 2003 (7 years ) Kenya
Chairman and Managing Director
Adidas Team Sport Limited

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