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Bulawayo High Court
National Railways of Zimbabwe Contributory Pension Fund v Memizza Investments (Pvt) Ltd (Under Corporate Rescue)
HB 117/24
Case Details
Court
Bulawayo High Court
Date
5 September 2024
Citation
HB 117/24
Neutral Citation
[2024] ZWHB 117
Outcome
unknown
Case Type
Application
Bench
Presiding
Siziba J
Full Bench
Siziba J
Areas of Law
Corporate insolvencyProperty lawCompany lawCivil procedure
Keywords
corporate rescuelease breachboard resolutionauthority to representeviction proceedings
Tags
corporate rescuelease agreementevictionboard resolutionauthority to represent
legislation
Statutes Cited
- Insolvency Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the deponent Tinei Goto had authority to represent the applicant in these proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Deponent claimed to be Property Manager; no applicant board resolution produced; only Rananga Properties resolution available"}
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background
Facts of the Case
Background
The applicant, a pension fund, sought leave to continue eviction proceedings against the respondent company (under corporate rescue) for breach of lease agreement by illegal subletting. The respondent raised a point in limine challenging the authority of the deponent Tinei Goto to represent the applicant, as no board resolution was produced.
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