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Harare High Court
ELGATE INVESTMENTS (PVT) LIMITED & 3 Ors v THE MASTER OF HIGH COURT & 5 Ors
HH 57-2011
Case Details
Court
Harare High Court
Date
23 February 2011
Citation
HH 57-2011
Neutral Citation
[2011] ZWHH 57
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Company LawCivil Procedure
Keywords
Judicial ManagerSecurity BondCompanies ActProvisional Order
Tags
Judicial ManagementCompany LawProvisional Order
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly before the court given failure to join all parties to the original provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Original provisional order of 1 December 2010, current application filed 2 February 2011"}
- {"issue_text":"Whether there was conflict of interest in legal representation","issue_type":"procedural","dispositive":"no","related_facts":"Mr Nhemwa previously represented Zimbabwe Textile Workers Union"}
- {"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Application filed on urgent basis"}
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background
Facts of the Case
Background
The applicants sought to revoke the appointment of Wesley Militala as Provisional Judicial Manager of David Whitehead Textiles Limited and related companies, alleging failure to provide adequate security bond and mismanagement. The application was brought urgently without joining all parties to the original provisional judicial management order granted on 1 December 2010.
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