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Harare High Court
George Stephen Fumia and Elena Maria Fumia v Melina Matshiya (In her capacity as executrix testamentary of the Estate of the Late Ettore Pietro Fumia) and Falcon Hauliers (Private) Limited
HH 31-16
Case Details
Court
Harare High Court
Date
20 January 2016
Citation
HH 31-16
Neutral Citation
[2016] ZWHH 31
Outcome
unknown
Case Type
Application
Bench
Presiding
HUNGWE J
Full Bench
HUNGWE J
Areas of Law
Company LawCivil Procedure
Keywords
prescriptionshare allotmentcompany registerdeclaraturdebt
Tags
company lawprescriptionshare allotmentdeclaratory relief
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Prescription Act [Chapter 8:11]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the claim for declaratory relief has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 17 years after cause of action; first applicant aware since 1995"}
- {"issue_text":"Whether the claim constitutes a \"debt\" under the Prescription Act","issue_type":"law","dispositive":"no","related_facts":"Applicants seek declaration shares were unlawfully allotted"}
- {"issue_text":"Whether the application falls under section 118 of the Companies Act","issue_type":"law","dispositive":"no","related_facts":"Applicants seek rectification of company register"}
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background
Facts of the Case
Background
The applicants sought a declaratory order that the allotment of 8 shares in Falcon Hauliers (Private) Limited to Ettore Pietro Fumia on 15 November 1994 was unlawful. The application was filed on 30 June 2011, 17 years after the allotment. The first applicant had knowledge of the allotment since 1995 when he wrote to the company accountants about it.
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