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Harare High Court
Adwoa Adoma Renner and Adwoa Adoma Renner N.O. v Cecil Madondo N.O. and Pergiren (Private) Limited (Under Judicial Management) and Golden Reef Mining (Private) Limited and Master of the High Court and Registrar of Deeds
HH 735-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 735-18
Neutral Citation
[2018] ZWHH 735
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Company lawProperty lawCivil procedure
Keywords
UrgencyLocus standiJudicial managementProperty transferShareholder
Tags
Urgent applicationJudicial managementProperty transferShareholder rights
legislation
Statutes Cited
- {'section': '307(2)', 'treatment': 'referred to (not interpreted)', 'for_proposition': 'Explains the source of the judicial manager’s power to dispose of company property.', 'interpretation': 'None – court simply records that the earlier order in HC 7120/18 was granted “as provided in terms of s 307(2)”.', 'verbatim': 'None quoted.\n### OTHER AUTHORITIES'}
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants delayed over one month after becoming aware of sale agreement"}
- {"issue_text":"Whether applicants have locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Applicants are shareholders of company under judicial management"}
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background
Facts of the Case
Background
The applicants, shareholders of a company under judicial management, sought an urgent interdict to prevent transfer of company property to a third party purchaser. The court found the application lacked genuine urgency as the applicants had delayed taking action for over a month after becoming aware of the sale agreement.
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