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Harare High Court

Bindura University of Science Education v Tetrad Investment Bank Limited (Under Provisional Judicial Management) and The Sheriff of Zimbabwe (N.O)

HH 319-17

Case Details

Court
Harare High Court
Date
24 May 2017
Citation
HH 319-17
Neutral Citation
[2017] ZWHH 319
Outcome
unknown
Case Type
Application

Bench

Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Company LawBanking LawCivil Procedure
Keywords
judicial managementwrit of executionbanking institutionmoratoriuminvestment
Tags
BankingJudicial ManagementExecutionInvestment
legislation
Statutes Cited
  • Companies Act
  • Bindura University of Science Education Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court should grant leave to execute a writ against a company under judicial management","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant has judgment debt; respondent under judicial management; execution stayed by court order"}
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background
Facts of the Case

Background

Bindura University of Science Education obtained a judgment against Tetrad Investment Bank for US$473,025.52 in April 2014. After attempts to execute the judgment were frustrated by the bank's legal maneuvers, the bank was placed under provisional judicial management in January 2015, which stayed all execution processes. The university applied for leave to proceed with execution of its writ despite the judicial management order.
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