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Harare High Court
G.N. Mlotshwa & Company v David Whitehead Textiles Limited & 6 Ors
HH 78-17
Case Details
Court
Harare High Court
Date
8 February 2017
Citation
HH 78-17
Neutral Citation
[2017] ZWHH 78
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Company LawCivil Procedure
Keywords
Judicial managementLeave to sueStay of proceedingsAcknowledgement of debtProvisional sentence
Tags
Judicial ManagementCompany LawProvisional SentenceLeave to Sue
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff required leave of court to commence fresh proceedings against companies under judicial management when court order states \"all actions and applications... shall be stayed and not proceed without leave\"","issue_type":"procedural","dispositive":"yes","related_facts":"Proceedings commenced 11 March 2016; judicial management order dated 19 March 2014"}
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background
Facts of the Case
Background
Plaintiff law firm rendered legal services to DWT companies under provisional judicial management from 2011-2014 for US$250,000. Debt acknowledged in 2013 but unpaid. Plaintiff issued summons for provisional sentence in 2016. Companies now under final judicial management. Defendants raised point in limine that leave required to sue companies under judicial management.
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