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Harare High Court

Blooming Lilly Investments (Private) Limited and Reytalon Limited v Ontage Resources (Private) Limited and Tapuwa Zebron Gurupira and Tawanda Elias Gurupira and The Registrar of Companies (N.O)

HH 1-21

Case Details

Court
Harare High Court
Date
4 January 2021
Citation
HH 1-21
Neutral Citation
[2021] ZWHH 1
Outcome
unknown
Case Type
Opposed Matter

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil procedureCompany law
Keywords
Special pleaExceptionReplicationPrescriptionLocus standiCause of action
Tags
Companies ActSpecial pleasCivil procedureReplication
legislation
Statutes Cited
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether failure to file replication to special pleas constitutes admission","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs did not file replication to defendants' special pleas"}
  • {"issue_text":"Whether heads of argument can substitute for replication","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiffs addressed special pleas in heads instead of replication"}
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background
Facts of the Case

Background

The plaintiffs sued defendants alleging illegal benefits obtained in violation of the Companies Act. The defendants raised four special pleas (locus standi, lack of authority, prescription, absence of cause of action). The plaintiffs failed to file a replication to these special pleas, instead attempting to address them in their heads of argument.
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