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Harare High Court

Clever Mandizvidza N.O v Gregory Kadzura & 3 Ors

HH 100-18

Case Details

Court
Harare High Court
Date
23 February 2018
Citation
HH 100-18
Neutral Citation
[2018] ZWHH 100
Outcome
unknown
Case Type
Application

Bench

Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Company LawEstate LawCorporate Governance
Keywords
minority directorshare allotmentestate sharescompany articlesCR2 form
Tags
company lawestate administrationshare allotmentcorporate governance
legislation
Statutes Cited
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether application can be decided when new cause of action raised in answering affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Issue of minority status not raised in founding affidavit"}
  • {"issue_text":"Whether material disputes of fact can be resolved on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Disputes over compliance with law, board approvals, evidence of changes"}
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background
Facts of the Case

Background

The applicant, acting as Executor Dative of the late Jonathan Kadzura's estate, sought to invalidate share allotments in Goodstorm Services (Pvt) Ltd made to the first respondent, claiming they violated the Companies Act and company articles. The application was opposed by respondents who appeared in person.
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