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Harare High Court
Alfred Chaavure v Old Mutual Zimbabwe Limited and Registrar of Companies
HH 526-17
Case Details
Court
Harare High Court
Date
11 August 2017
Citation
HH 526-17
Neutral Citation
[2017] ZWHH 526
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Contract LawCivil Procedure
Keywords
ExceptionCause of ActionShare AgreementAnnexure
Tags
Contract LawException ProcedureShare Sale Agreement
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's declaration discloses a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's averments about share agreement, incorrect annexure"}
- {"issue_text":"Whether the declaration is vague and embarrassing","issue_type":"procedural","dispositive":"no","related_facts":"Use of brochure instead of agreement as Annexure A"}
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background
Facts of the Case
Background
The plaintiff claimed payment for shares from Old Mutual Zimbabwe Limited based on an alleged share sale agreement. The defendant filed an exception arguing the plaintiff's declaration failed to disclose a cause of action because the annexure presented as the agreement was merely an advertising brochure, not a contract.
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