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Harare High Court
Golden Million Engineering (Pvt) Ltd and Ephraim Gwatidzo and Admire Saweto v Old Mutual Property Investments Corporation (Pvt) Ltd and Messenger of Court N.O
HH 257-13
Case Details
Court
Harare High Court
Date
7 August 2013
Citation
HH 257-13
Neutral Citation
[2013] ZWHH 257
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Civil ProcedureCorporate LawExecution of Judgments
Keywords
Execution pending appealStay of executionBoard resolutionLocus standiCorporate authority
Tags
Execution pending appealStay of executionCorporate representationLocus standi
legislation
Statutes Cited
- Companies Act [Cap 24:3]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether directors have authority to depose affidavits on behalf of company without board resolution","issue_type":"procedural","dispositive":"yes","related_facts":"Directors deposed affidavits without producing board resolution"}
- {"issue_text":"Whether applicants adopted correct procedure in raising certain matters","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants raised matters suitable for review/appeal in stay application"}
- {"issue_text":"Whether applicants are abusing court process","issue_type":"procedural","dispositive":"no","related_facts":"Applicants filed multiple applications to frustrate execution"}
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background
Facts of the Case
Background
The applicants sought a stay of execution pending appeal after the magistrates' court granted judgment to the first respondent for arrear rentals. The first respondent raised three points in limine, two of which succeeded - lack of proper corporate authority for the directors to depose affidavits and wrong procedure adopted by applicants.
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