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Harare High Court
Ian Spence Gray and Principle Based Solutions (Private) Limited v The Registrar of Deeds
HH 114-2010
Case Details
Court
Harare High Court
Date
30 June 2010
Citation
HH 114-2010
Neutral Citation
[2010] ZWHH 114
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Property LawCompany LawContract Law
Keywords
stipulatio alteripre-incorporation contractcompany incorporationproperty transfersection 47 Companies Act
Tags
company lawpre-incorporation contractsproperty transferdeeds registration
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a company can ratify a pre-incorporation contract under common law as a stipulatio alteri without complying with section 47 of the Companies Act","issue_type":"mixed","dispositive":"yes","related_facts":"Contract entered by trustee for company to be formed; section 47 not complied with"}
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background
Facts of the Case
Background
The first applicant entered into a sale agreement as trustee for a company to be formed. After incorporation of the second applicant, transfer documents were lodged but rejected by the Registrar who required compliance with section 47 of the Companies Act. The applicants sought court order compelling registration without compliance with section 47, arguing the contract was a stipulatio alteri enforceable at common law.
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