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Harare High Court
Anthony Hickey v DMC Holdings (Private) Limited and Christmas Gift (Private) Limited and Rogerio Barbosa Azevedo de Sa and National Social Security Authority
HH 137-17
Case Details
Court
Harare High Court
Date
1 March 2017
Citation
HH 137-17
Neutral Citation
[2017] ZWHH 137
Outcome
unknown
Case Type
Exception
Bench
Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Company lawCivil procedure
Keywords
Shareholder interestCorporate personalityException to pleadingsLocus standi
Tags
Company lawShareholder rightsCorporate veilLocus standi
legislation
Statutes Cited
- none (no statute was cited or interpreted)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent's summons and declaration disclose a cause of action cognizable at law","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's shareholding structure and alleged interest in company assets"}
- {"issue_text":"Whether the respondent has locus standi to bring the claim","issue_type":"procedural","dispositive":"no","related_facts":"Previous Supreme Court decision confirming locus standi"}
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background
Facts of the Case
Background
The respondent, holding 30% shares in DMC Holdings (which wholly owns Christmas Gift Ltd), claimed an interest in land sold by Christmas Gift to NSSA without his involvement. He sought to set aside the sale and declare his shareholder interest. The excipients excepted, arguing he had no legal interest in the company's assets.
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