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Bulawayo High Court
C Marufu and 11 Others v Midsec (Pvt) Ltd and The Sheriff for Zimbabwe
HB 100-19
Case Details
Court
Bulawayo High Court
Date
27 June 2019
Citation
HB 100-19
Neutral Citation
[2019] ZWHB 100
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Labour lawCompany lawCivil procedure
Keywords
Judicial managementWrits of executionSalary non-paymentLeave to executeCompany moratorium
Tags
Judicial managementExecution of writsSalary arrearsCompany under judicial management
legislation
Statutes Cited
- Companies Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants should be granted leave to execute writs against a company under judicial management","issue_type":"mixed","dispositive":"yes","related_facts":"Company under judicial management, applicants unpaid since 2013, significant company assets"}
- {"issue_text":"Whether the citation of parties is fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Applicants cited by initials, respondent cited as company under judicial management"}
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background
Facts of the Case
Background
Employees and former employees of Midsec (Pvt) Ltd sought leave to execute writs of execution for unpaid salaries against the company which was placed under judicial management. The applicants had obtained labour awards in 2014 and writs of execution in 2015 and 2016, but execution was stayed when the company was placed under judicial management in May 2017.
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