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Harare High Court
Moses Asaga v Phionah Riekert and Prince Asaga and Upland Gas International (Pvt) Ltd and Office for the Registration of Companies and Other Entities
HH 519-23
Case Details
Court
Harare High Court
Date
9 September 2023
Citation
HH 519-23
Neutral Citation
[2023] ZWHH 519
Outcome
unknown
Case Type
Application
Bench
Presiding
Chilimbe J
Full Bench
Chilimbe J
Areas of Law
Company LawContract LawPublic Policy
Keywords
default judgmentillegalityindigenisationjoint ventureforeign investor
Tags
shareholder disputesforeign investmentindigenisation laws
legislation
Statutes Cited
- Indigenisation and Economic Empowerment Act
- Interpretation Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should grant default judgment when the underlying agreement is illegal","issue_type":"mixed","dispositive":"yes","related_facts":"Parties admitted to misrepresenting shareholding to evade indigenisation laws"}
- {"issue_text":"Whether the change in indigenisation law saves the applicant from previous illegality","issue_type":"law","dispositive":"no","related_facts":"Section 2A of Indigenisation Act was enacted changing the law"}
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background
Facts of the Case
Background
The applicant, a Ghanaian investor, entered into a joint venture with Zimbabwean partners to form Upland Gas International (Pvt) Ltd. They allegedly misrepresented shareholding to comply with indigenisation laws. When disputes arose, the applicant sought default judgment to reclaim shares and assets, but the court found the underlying agreement illegal and unenforceable.
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