Aga Khan Lawsuit

 

Compelling His Highness to a Court Discovery

 

 

ALNAZ JIWA wrote: "I [ALNAZ JIWA] am asking this court ORDER that discoveries of the named plaintiff [HIS HIGHNESS THE AGA KHAN] be produced within 21 days..." (emphasis added) - Federal Court, July 29, 2010

 

NAGIB TAJDIN wrote: "...This defendant [Nagib Tajdin] asks for an order: ...That the named plaintiff [HIS HIGHNESS THE AGA KHAN] be examined produced for examinations within 21 days..." (emphasis added) - Federal Court , July 29, 2010

 

"I [NAGIB TAJDIN] am asking the Court to direct opposing Counsel to comply with the discovery. Otherwise I am asking the Court to declare Counsel [His Highness the Aga Khan] in Contempt of Court...I am requesting Case Management Judge to order the real Plaintiff [His Highness the Aga Khan], whoever he is, to submit his affidavit of document by October 31st 2010 in order to discover him..." (emphasis added) Federal Court, October 13, 2010His

 

 

Court Transcript of His Highness' Forced Discovery

 

As per the official court document, His Highness' discovery commenced at 10:35 a.m. on October 15th and the legal proceedings were adjourned at 10:58 a.m., a total duration of 23 Minutes.

 

AFFIRMATION: HIS HIGHNESS PRINCE KARIM AGA KHAN

 

EXAMINATION-IN-CHIEF by MR. [NAGIB] TAJDIN: Q. I beg forgiveness. We [Alnaz Jiwa and I, Nagib Tajdin] didn't want to do it this way. May I present you this?

 

MR. GRAY: Sorry, Mr. [Nagib] Tajdin. You indicated to the Court that you were going to ask five questions and not deal with any documents. So you're now departing from that undertaking you gave to the Court.

 

MR. [NAGIB] TAJDIN: That is not a document. It's just that this is the only question I have. I don't have any question. I'm here just to take the direction, instruction and orders from His Highness.

 

MR. GRAY: Let's go off the record.

 

--- OFF THE RECORD DISCUSSION

 

MR. GRAY: Mr. Tajdin, you have indicated to me now that you don’t want to ask the five questions. You’ve told the court yesterday, you told the court numerous times you were going to ask these five questions. I sent them to you yesterday as a recording of what you had told the Court yesterday afternoon.

 

You told me as recently as this morning you were going to ask these five questions. You added the fifth question. Now His Highness has come prepared to answer the five questions. Are you telling me now you’re not going to ask those five questions?

 

MR. [NAGIB] TAJDIN: I’m not sure what to do. I beg forgiveness.

 

MR. GRAY: Why don’t you ask the five questions you said you were going to ask. His Highness has come prepared to answer the five questions. I believe the answers to those five questions will, well those are the questions you wanted answered. And I believe there are full and complete answers to those questions. So why don’t you ask those five questions”

 

THE WITNESS (His Highness): Could I make a suggestion?

 

 

MR. GRAY: Let's go off the record for a minute.

 

--- OFF THE RECORD DISCUSSION

 

MR. GRAY: So, Mr. Nagib [Tajdin], you’ve indicated you do not want to ask questions, but I think you have indicated to me off the record that you will consent to the Judgment asked for and the relief sought in the Statement of Claim in Federal Court action number T-514-10, is that correct?

 

MR. [NAGIB] TAJDIN: That’s correct. Mr. [ALNAZ] Jiwa, you confirm that too?

 

MR. [ALNAZ] JIWA: Yes.

 

MR. GRAY: So both of you have agreed to consent to Judgment to the relief requested in the Statement of Claim. I understand you have no questions and are satisfied with the, that the Discovery is over. You do not need to ask any more questions. This satisfies the Court’s Order for the Discovery, and you do not have any further information that you are seeking from His Highness.

 

MR. [NAGIB] TAJDIN: Nothing.

 

MR. GRAY: Okay. Off the record for a second.

 

 

--- OFF THE RECORD DISCUSSION

 

MR. GRAY: Mr. Nagib, I think His Highness off the record has indicated that he would like you to make a statement about the fraud and the allegations of fraud. So if you would please do so.

 

MR. [NAGIB] TAJDIN: Yes, I do not maintain any allegation of fraud on anyone in the staff of His Highness.

 

MR. GRAY: And against, and you withdraw all of your allegations?

 

MR. [NAGIB] TAJDIN: I withdraw all my allegations. Sorry.

 

THE WITNESS [His Highness Prince Karim Aga Khan): All right.

 

MR. GRAY: Off the record.

 

--- OFF THE RECORD DISCUSSION

 

MR. GRAY: So given this, I will draw up the consent to Judgment and an Order and the two of you will agree to that in accordance with the relief claimed in the Statement of Claim, is that correct Mr. Tajdin?

 

MR. [NAGIB] TAJDIN: I agree to.

 

MR. GRAY: Mr. Jiwa?

 

MR. [ALNAZ] JIWA: Yes.

 

MR. GRAY: Thank you. Let's go off the record.

 

--- OFF THE RECORD DISCUSSION

 

MR. GRAY: Okay. We're done.

 

---Whereupon proceedings adjourned at 10:58 a.m.

 

After His Highness departed from Toronto, NT and AJ reasserted their allegations of forgery and fraud and refused to abide by their undertakings! They added one more allegation: They implicated His Highness to these so-called allegations of forgery and fraud.  According to NT and AJ, His Highness appeared to put a lid on a grand criminality which is allegedly being orchestrated by Brian Gray, Dr. Sachedina and other high profile solicitors, law firms, court reporters, etc.

 

 

Highness' Solicitor Brian Gray

Takes A Stand Against Defendants Alnaz Jiwa & Nagib Tajdin

 

After the forced discovery of His Highness the Aga Khan, His Highness instructed his senior solicitor Mr. Gray to seek the court's assistance in dealing with Nagib Tajdin and Alnaz Jiwa. Gray wrote the following to Federal Court (emphasis added):

 

 

"I hardly know what to say to the misrepresentations sent to the court by the Defendants about this matter. The court reporter is a respected court reporter well known to the court and I have no control over what she reports and to suggest otherwise is a serious slander on her."

 

 

"Further the Defendants [Alnaz Jiwa and Nagib Tajdin] continue to make serious allegations about me personally and to suggest that I do not take direction from and follow the instructions of the Plaintiff [His Highness]. As an officer of the court, I resent these insinuations. If the court cannot rely on its officers to represent their clients faithfully then the whole process will fall apart. The court should accept the affidavit of the Plaintiff and my repeated representations that the Plaintiff [His Highness] has given me instructions and that I follow his directions."

 

 

"The Defendants [NT & AJ] will believe nothing except their warped understanding of events."

 

 

"The Defendants [NT & AJ] hear what they want to hear."

 

 

"I hope the court can see that whatever else can be said that these Defendants [Nagib Tajdin & Alnaz Jiwa] will not accept that they have settled as set out on the record. Rather than squabble constantly with them the Plaintiff [His Highness] has instructed me to obtain what he has been seeking all along, that is summary judgment of copyright infringement according to law. By all of their false allegations and feigned desire to do the Plaintiff's [His Highness'] bidding, the Defendants [Nagib Tajdin & Alnaz Jiwa] have successfully managed to continue to infringe the Plaintiff's copyright for over 8 months, without the Plaintiff being able to have this matter heard on the merits."

 

 

"The Plaintiff did attend for discovery as ordered, but Mr. [Nagib] Tajdin did not ask any questions, including the five that Mr. [Nagib] Tajdin had advised the court that he would ask, notwithstanding that the Plaintiff had prepared answers to all of them. Both he and Mr. [Alnaz] Jiwa confirmed on the record that they did not have any questions and did not want any further information from the Plaintiff [His Highness]."

 

 

"While both Mr. [Nagib] Tajdin and Mr. [Alnaz] Jiwa agreed to consent to judgment on the record in accordance with the relief requested in the Statement of Claim, Mr. [Alnaz] Jiwa and Mr. [Nagib] Tajdin have made subsequent attempts to modify that agreement in terms which are not acceptable to the Plaintiff. Rather than debate the matter with these Defendants [Nagib Tajdin & Alnaz Jiwa], or engage in a protracted argument about the Settlement, we have decided that the most expeditious and least expensive course of action is simply to proceed to the summary Judgement..."   - Oct. 27, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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