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Harare High Court
Kenneth Raydon Sharpe v Tetrad Investment Bank Limited (under provisional judicial management) and Tetrad Holdings Limited and Eugene Mlambo
HH 559-17
Case Details
Court
Harare High Court
Date
28 August 2017
Citation
HH 559-17
Neutral Citation
[2017] ZWHH 559
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Commercial LawCompany LawBanking Law
Keywords
Provisional judicial managementLocus standiCompanies ActLoan agreementSurety
Tags
BankingLoan AgreementJudicial ManagementCompany Law
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 301(1)(c) of the Companies Act and the provisional judicial management order apply to litigation commenced after the company has been placed under provisional judicial management","issue_type":"law","dispositive":"yes","related_facts":"Action instituted on 26 September 2016, after judicial management order of 29 January 2015"}
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background
Facts of the Case
Background
The plaintiff claimed payment of $1,702,451.00 from defendants under a loan agreement dated 22 October 2013. The first defendant was placed under provisional judicial management on 29 January 2015. The first defendant raised a special plea that the plaintiff lacked locus standi to sue without obtaining leave of court as required by the provisional judicial management order.
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