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Harare High Court
Cecilia Rutendo Makonya and Jordan Hauliers (Private) Limited v Godknows Zivainashe Makonya
HH 437-24
Case Details
Court
Harare High Court
Date
27 September 2024
Citation
HH 437-24
Neutral Citation
[2024] ZWHH 437
Outcome
unknown
Case Type
Application
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Company lawProperty lawCivil procedure
Keywords
InterdictCompany propertyBoard resolutionLocus standiSole director
Tags
Company lawInterdictProperty recoveryCorporate governance
legislation
Statutes Cited
- Companies and Other Business Entities Act
- Companies and Other Business Entities Act
- Civil Evidence Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a board resolution signed by sole director is valid","issue_type":"procedural","dispositive":"no","related_facts":"First applicant is sole active director"}
- {"issue_text":"Whether first applicant has locus standi to vindicate company property","issue_type":"procedural","dispositive":"yes","related_facts":"First applicant is shareholder, not owner of company property"}
- {"issue_text":"Whether company entitled to mandatory interdict for property recovery","issue_type":"mixed","dispositive":"yes","related_facts":"Company is owner, property in respondent's possession"}
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background
Facts of the Case
Background
The first applicant, a director and 33% shareholder in the second applicant company, sought a mandatory interdict to recover company property (trucks and equipment) from the respondent, her estranged husband. The respondent opposed the application challenging the validity of the board resolution and the first applicant's locus standi.
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