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Harare High Court
David Pyung Il Kim and Jane Ju Hyung Park v Sensationnel (Zimbabwe) (Private) Limited
HH 760-18
Case Details
Court
Harare High Court
Date
21 November 2018
Citation
HH 760-18
Neutral Citation
[2018] ZWHH 760
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Company lawCorporate governance
Keywords
Winding upJust and equitableShareholder deadlockBreach of fiduciary dutiesFamily company
Tags
Company lawWinding upShareholder disputesJust and equitable
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should grant a provisional winding up order on the ground that it is just and equitable","issue_type":"mixed","dispositive":"yes","related_facts":"Breakdown of trust, financial misconduct allegations, shareholder deadlock"}
- {"issue_text":"Whether the doctrine of estoppel or res judicata applies given previous similar application","issue_type":"procedural","dispositive":"no","related_facts":"Previous application HH 484-16 dismissed by Chigumba J"}
- {"issue_text":"Whether alternative remedies under sections 196 and 198 are more appropriate than winding up","issue_type":"law","dispositive":"no","related_facts":"Applicants want disengagement, Park suggests share sale"}
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background
Facts of the Case
Background
The applicants, a married couple of Chinese origin, own 50% of shares in the respondent company along with another couple (Park and his wife) who manage the company. The applicants allege breach of fiduciary duties, financial misconduct, refusal to provide accounts, and complete breakdown of trust and confidence between the shareholders, leading to deadlock in company management.
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