SharesTransfer secretariesAbsolutionRes judicataPrescriptionDeed of Settlement
Tags
Share transferAbsolution from the instanceRes judicataPrescription
legislation
Statutes Cited
Prescription Act
Prescription Act
Prescription Act
Prescription Act
Prescription Act
High Court Rules, 2021
High Court Rules, 2021
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether defendant is entitled to absolution from the instance at close of plaintiff's case","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's evidence on share ownership, prior litigation, prescription"}
{"issue_text":"Whether res judicata bars plaintiff's claim","issue_type":"law","dispositive":"no","related_facts":"Prior litigation HC 10299/18, judgment HH 585/19, identity of parties"}
{"issue_text":"Whether claim has prescribed under Prescription Act","issue_type":"law","dispositive":"no","related_facts":"Share sale in June 2017, summons issued July 2020, plaintiff's knowledge"}
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background
Facts of the Case
Background
Plaintiff claimed 77,235 Class A Econet Wireless shares or their value, alleging wrongful disposal by defendant as transfer secretaries. Defendant applied for absolution from the instance at close of plaintiff's case, arguing res judicata and prescription.
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