Francesco Marconati and Mark Andrew Hughes v DGL Investments Number Five (Pvt) Ltd and Hidden Spring Investments (Pvt) Ltd and Xing Ming Chang and Registrar of Companies

HB 146/25

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Case Details

Court

Bulawayo High Court

Date

18 August 2025

Citation

HB 146/25

Neutral Citation

[2025] ZWHB 146

Outcome

unknown

Case Type

Application

Bench

Presiding

Hon. M Dube J

Full Bench

Hon. M Dube J

Areas of Law

Company lawCorporate governance

Keywords

Directors' removalCR6 returnCompanies ActCorporate governanceNullity

Key Issues

{"issue_text":"Whether the applicants were unlawfully removed as directors","issue_type":"mixed","dispositive":"yes","related_facts":"No meeting held, no notice given, no resignation"}
{"issue_text":"Whether the CR6 return indicating resignation is null and void","issue_type":"law","dispositive":"yes","related_facts":"Filed without proper procedure under s202"}
{"issue_text":"Whether applicants have locus standi to bring this application","issue_type":"law","dispositive":"no","related_facts":"Applicants are directors seeking declaration of rights"}
{"issue_text":"Whether 2nd applicant's affidavit is properly before court","issue_type":"procedural","dispositive":"no","related_facts":"Commissioned by attorney in South Africa, not notary public"}

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background

Facts of the Case

Background

The applicants, who were directors of the 1st respondent company, discovered that a CR6 return had been filed with the Registrar of Companies falsely indicating they had resigned as directors. They challenged this as unlawful since no meeting was held, no notice given, and they never resigned voluntarily.

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