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Bulawayo High Court
Plumed Horse (Pvt) Ltd & Stella Nyandoro & George Nyandoro v Dundurn (Pvt) Ltd & Registrar of Deeds & The Sheriff of the High Court of Zimbabwe & The Master of the High Court
HB 143-20
Case Details
Court
Bulawayo High Court
Date
16 July 2020
Citation
HB 143-20
Neutral Citation
[2020] ZWHB 143
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Civil ProcedureCompany LawProperty Law
Keywords
rescissiondefault judgmentcorporate personalitydeed of transferfraud
Tags
rescission of judgmentcorporate veilproperty transferfraud
legislation
Statutes Cited
- High Court Rules, 1971
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Insolvency Act [Chapter 6:07]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have shown good and sufficient cause for rescission of the 2018 judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 7½ months after judgment; no fraud proved; applicants' own wrongdoing"}
- {"issue_text":"Whether service was properly effected in HC 2127/18","issue_type":"procedural","dispositive":"no","related_facts":"Service returns show service on tenant and affixing to gate"}
- {"issue_text":"Whether the corporate veil should be pierced regarding first applicant","issue_type":"legal","dispositive":"no","related_facts":"Company used as alter ego; no corporate formalities followed"}
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background
Facts of the Case
Background
The applicants sought rescission of a 2018 judgment that transferred property to the first respondent, alleging fraud and improper service. The court found no fraud, upheld prior judges' service findings, and dismissed the application with costs.
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