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Harare High Court
Jayesh Shah v Air Zimbabwe Corporation
HH 133-10
Case Details
Court
Harare High Court
Date
1 July 2010
Citation
HH 133-10
Neutral Citation
[2010] ZWHH 133
Outcome
unknown
Case Type
Exception
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Civil ProcedureCorporate LawSubstitution of Parties
Keywords
corporate existencetransfer of assetssuccessor companyamendment of summons
Tags
corporate dissolutionsubstitution of partiesamendment of pleadings
legislation
Statutes Cited
- Air Zimbabwe Corporation (Repeal) Act No. 4 of 1998
- Air Zimbabwe Corporation Act (formerly Chapter 13:02)
- Transport Services (Railways and Airways) (Transition) Act, No 15/1967
- Companies Act [Cap 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Air Zimbabwe Corporation existed in law at the time the cause of action arose and when summons was issued","issue_type":"legal","dispositive":"yes","related_facts":"Transfer of all assets and liabilities on 23 March 2000"}
- {"issue_text":"Whether the plaintiff could amend the summons to substitute/add the successor company","issue_type":"procedural","dispositive":"yes","related_facts":"Invalid summons issued against non-existent entity"}
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background
Facts of the Case
Background
The plaintiff sued Air Zimbabwe Corporation for damages arising from an incident on 2 September 2007. The defendant excepted to the summons, arguing that Air Zimbabwe Corporation had ceased to exist on 23 March 2000 when all its assets and liabilities were transferred to Air Zimbabwe (Private) Limited. The plaintiff sought to amend the summons to add the successor company.
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