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Harare High Court
Aldercraft Investments (Private) Limited v Dave Capsopolous and 5 Others
HH 431-18
Case Details
Court
Harare High Court
Date
23 July 2018
Citation
HH 431-18
Neutral Citation
[2018] ZWHH 431
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Musakwa J
Full Bench
Musakwa J
Areas of Law
Company LawCommercial Litigation
Keywords
shareholder rightsinterdicturgencylis alibi pendenscause of action
Tags
shareholder disputeinterdictcompany lawurgent application
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the applicant have a cause of action based on its claimed shareholding?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claims 90% shareholding based on share certificates"}
- {"issue_text":"Is the application urgent given the timeline of events?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant became aware of disposal in July 2018, units sold in 2017"}
- {"issue_text":"Does lis alibi pendens apply given the pending HC 4601/18 action?","issue_type":"procedural","dispositive":"no","related_facts":"Separate declaratory action pending regarding shareholding"}
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background
Facts of the Case
Background
The applicant, claiming to be the 90% shareholder in Dorota Trading (Private) Limited, sought an urgent interdict to prevent the disposal of the company's assets pending determination of a separate declaratory action regarding shareholding. The respondents opposed on grounds of no cause of action, lack of urgency, and lis alibi pendens.
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