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Mutare High Court
Lusama Fashion Enterprises (Private) Limited v Mt Selinda High School and United Church of Christ in Zimbabwe
HMT 74-19
Case Details
Court
Mutare High Court
Date
28 October 2019
Citation
HMT 74-19
Neutral Citation
[2019] ZWHMT 74
Outcome
unknown
Case Type
Trial
Bench
Presiding
Muzenda J
Full Bench
Muzenda J
Areas of Law
Civil ProcedureContract LawEducation Law
Keywords
legal personaschool development committeestatutory instrument 87 of 1992education actprivity of contractspecial plea in bar
Tags
special plealegal personalityschool development committeeprivity of contract
legislation
Statutes Cited
- Education Act
- Education Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Mt Selinda High School has legal capacity to be sued","issue_type":"law","dispositive":"yes","related_facts":"School is not legal persona, SDC exists with legal capacity"}
- {"issue_text":"Whether United Church of Christ in Zimbabwe is properly joined as co-defendant","issue_type":"law","dispositive":"yes","related_facts":"Church not party to contract, doctrine of privity"}
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background
Facts of the Case
Background
The plaintiff sued Mt Selinda High School and United Church of Christ in Zimbabwe for payment of US$29,384-00. The defendants raised a special plea in bar arguing that the first defendant lacks legal capacity to be sued and that the second defendant is not privy to the alleged contract. Both parties admitted that the school is not a legal persona.
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