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Harare High Court

Ezekiel Chinoingira v Balwearie Holdings (Private) Limited and Sabre Services (Private) Limited

HH 480-21

Case Details

Court
Harare High Court
Date
14 September 2021
Citation
HH 480-21
Neutral Citation
[2021] ZWHH 480
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Property LawCompany Law
Keywords
evictioninterdictcompany dissolutionlegal persona
Tags
evictioncompany dissolutionlegal personality
legislation
Statutes Cited
  • (none – no Zimbabwean or foreign statute is quoted or interpreted)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a dissolved company has legal personality to be sued","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent dissolved by court order HC 2860/20"}
  • {"issue_text":"Whether a company can be sued as secretary of another company","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent cited as secretary of first respondent"}
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background
Facts of the Case

Background

Applicant sought an interdict to prevent his eviction from a farm by first respondent. Second respondent raised points in limine that first respondent had been dissolved by a previous court order and therefore lacked legal personality to be sued.
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