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Harare High Court
Caprcend Private Limited v Mazowe Mining Company Private Limited
HH 395-21
Case Details
Court
Harare High Court
Date
29 July 2021
Citation
HH 395-21
Neutral Citation
[2021] ZWHH 395
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Property LawMining LawCorporate Insolvency
Keywords
spoliationcorporate rescuemining claimsmoratoriumurgent application
Tags
spoliationcorporate rescuemining claimsurgent application
legislation
Statutes Cited
- Insolvency Act [Chapter 6:07]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether proceedings can be instituted against a company under corporate rescue without consent or leave","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent under corporate rescue since 20 February 2020, no consent from practitioner"}
- {"issue_text":"Whether applicant exists as a legal entity","issue_type":"procedural","dispositive":"no","related_facts":"Certificate shows different name, parties entered agreement"}
- {"issue_text":"Whether certificate of urgency valid when predating founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate dated 1 July 2021, affidavit dated 2 July 2021"}
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background
Facts of the Case
Background
The applicant sought an urgent spoliation order against the respondent regarding a mining claim. The respondent raised four points in limine: applicant's non-existence, fatal defect due to corporate rescue moratorium, lack of urgency, and material disputes of fact.
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