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Harare High Court
Old Mutual Asset Management (Pvt) Ltd v F & R Travel Tours & Car Sales
HH 53-2007
Case Details
Court
Harare High Court
Date
20 June 2007
Citation
HH 53-2007
Neutral Citation
[2007] ZWHH 53
Outcome
unknown
Case Type
Trial
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Civil procedureCorporate law
Keywords
Locus standiParty citationJuristic personNullityAmendment of pleadings
Tags
Corporate litigationParty citationJuristic personality
legislation
Statutes Cited
- Companies Act (implied)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the incorrectly cited plaintiff has locus standi to institute proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff cited as \"Old Mutual Asset Management (Pvt) Ltd\" but declaration described plaintiff as \"Old Mutual Properties (Pvt) Ltd\""}
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background
Facts of the Case
Background
The plaintiff instituted summons against the defendant seeking delivery of two Nissan motor vehicles. Throughout the proceedings, the plaintiff's name was inconsistently cited, appearing variously as "Old Mutual Properties (Pvt) Ltd" and "Old Mutual Asset Management (Pvt) Ltd". When the plaintiff attempted to amend the citation to correct the name, the defendant raised a point in limine challenging the plaintiff's locus standi.
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