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Harare High Court

National Airways Workers Union and Air Transport Union v Air Zimbabwe Holdings (Private) Limited and Air Zimbabwe (Private) Limited and The Master of the High Court

HH 432-12

Case Details

Court
Harare High Court
Date
15 November 2012
Citation
HH 432-12
Neutral Citation
[2012] ZWHH 432
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Company LawCivil ProcedureTrade Union Law
Keywords
judicial managementprovisional orderlocus standitrade union authoritycompany debts
Tags
judicial managementtrade unionscompany lawlocus standi
legislation
Statutes Cited
  • Labour Relations Act
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the deponents to the founding affidavits had authority to depose to the affidavits","issue_type":"procedural","dispositive":"yes","related_facts":"Deponents claimed authority from positions but produced no resolutions"}
  • {"issue_text":"Whether the applicants had authority to institute judicial management proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Authorization documents did not cover judicial management and were signed by minority"}
  • {"issue_text":"Whether the companies should be placed under provisional judicial management","issue_type":"mixed","dispositive":"no","related_facts":"Companies unable to pay debts, probability of restoration"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Two trade unions sought to place Air Zimbabwe companies under provisional judicial management, claiming the companies were unable to pay debts due to mismanagement. The application was opposed on three preliminary points regarding the authority of the deponents and the unions to institute proceedings.
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