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Harare High Court

Muhammad Yaqub Mirza N.O. versus Molvi Musa Menk N.O. and Mujahid Khalpey N.O. and Afzal Kassim N.O. and Iqbal Omar Mohamed N.O.

HH 26-23

Case Details

Court
Harare High Court
Date
18 January 2023
Citation
HH 26-23
Neutral Citation
[2023] ZWHH 26
Outcome
unknown
Case Type
Application

Bench

Presiding
Wamambo J
Full Bench
Wamambo J
Areas of Law
Trust LawProperty Law
Keywords
Trustee appointmentSpecial resolutionTrust deedCentennial Trust
Tags
Trust LawTrustee AppointmentSpecial Resolution
legislation
Statutes Cited
  • Trust Deed for Centennial Trust
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether appointments of second and third respondents complied with trust deed requirements","issue_type":"law","dispositive":"yes","related_facts":"Trust deed clauses 10(f), 10(h), letters at pages 91-92"}
  • {"issue_text":"Whether applicant has standing to challenge appointments","issue_type":"law","dispositive":"no","related_facts":"Applicant as founding trustee"}
  • {"issue_text":"Whether costs should be awarded on higher scale","issue_type":"law","dispositive":"no","related_facts":"Respondents' opposition described as hopeless"}
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background
Facts of the Case

Background

Applicant sought declaration that appointments of second and third respondents as trustees of Centennial Trust were null and void for non-compliance with trust deed requirements for special resolution and proper appointment procedures.
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