Honey and Blanckenberg v Lourence Erasmus Vermaak and Terence Cobden Rhodes and Gideon Hwemende and Valentine Mushore and Alfred Chademana and Joel Tandera and Oliver Chibage and Farai Mutizwa and Calisto Vengesai and Registrar of Companies

HH 424-13

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Case Details

Court

Harare High Court

Date

20 November 2013

Citation

HH 424-13

Neutral Citation

[2013] ZWHH 424

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Company LawTrust LawInterpleader Proceedings

Keywords

interpleadercompany ownership disputetrust assetslocus standiderivative action

Key Issues

{"issue_text":"Whether fourth to ninth respondents have locus standi to claim rentals in their personal capacity as directors","issue_type":"procedural","dispositive":"yes","related_facts":"They were appointed by third respondent whose ownership is disputed; none are shareholders"}
{"issue_text":"Whether third respondent has proven valid ownership of shares in the companies","issue_type":"mixed","dispositive":"yes","related_facts":"Claims range from 40-100%; no evidence of payment or tax compliance; possible forgery"}
{"issue_text":"Whether second respondent as trustee of Phoenix Trust has valid claim to the rentals","issue_type":"mixed","dispositive":"no","related_facts":"Claims Trust owns entire share capital but no trust document produced"}

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background

Facts of the Case

Background

The applicant, an estate agent holding $70,000 in rental income from properties owned by Beverly East Properties and Karoi Properties, instituted interpleader proceedings due to conflicting claims to the money from nine respondents. The properties were originally owned by the late Brian James Rhodes who died in 2006. Various parties claimed ownership of the companies including Phoenix Trust (1st and 2nd respondents as trustees), Gideon Hwemende (3rd respondent claiming 40-100% shareholding), and directors appointed by Hwemende (4th-9th respondents).

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