Cuthbert Elkana Dube v (1) Premier Medical Investments (Private) Limited (2) Premier Service Medical Aid Society

SC 32/22

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Case Details

Court

Supreme Court

Date

24 February 2022

Citation

SC 32/22

Neutral Citation

[2022] ZWSC 32

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MATHONSI JA

Full Bench

MAKONI JAMATHONSI JAKUDYA JA

Areas of Law

Company LawCivil Procedure

Keywords

Want of prosecutionShare ownershipDiscretionDelay

Key Issues

{"issue_text":"Whether the court a quo properly exercised its discretion in dismissing the application for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in prosecution, filing of answering affidavit, prospects of success"}

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background

Facts of the Case

Background

The appellant, former CEO of the second respondent, claimed ownership of 20% shares in the first respondent. After filing an application for declaratory relief in 2018, he failed to prosecute the matter, leading to dismissal for want of prosecution which he appealed.

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