Hwange Colliery Company Limited (2) Dale Sibanda N.O v Palehouse Investments (Private) Limited

Key Issues

• {"issue_text":"Whether the High Court could substitute its own decision for that of the administrator under the Administrative Justice Act","issue_type":"procedural","dispositive":"yes","related_facts":"Administrator denied leave; High Court substituted decision"}
• {"issue_text":"Whether the administrator's decision was reviewable absent findings of illegality or gross impropriety","issue_type":"law","dispositive":"yes","related_facts":"Decision was contradictory and inconsistent"}
• {"issue_text":"Whether the court a quo erred by enquiring into merits instead of protecting company under reconstruction","issue_type":"procedural","dispositive":"no","related_facts":"Court examined termination validity"}
• {"issue_text":"Whether the putative claim was cognizable at law","issue_type":"law","dispositive":"no","related_facts":"Claim for breach of contract damages"}

Background