Professor Patson Zvandasara v Dr Godfrey Saungweme and Dr Madeine Makonese and Belvedere Nursing Home (Pvt) Ltd and Finpower Investments (Pvt) Ltd and Mainbrain Trading (Pvt) Ltd and Registrar of Companies N.O

HH 108-18

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Case Details

Court

Harare High Court

Date

28 February 2018

Citation

HH 108-18

Neutral Citation

[2018] ZWHH 108

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Company lawShareholder rights

Keywords

OppressionMinority shareholderManaging directorShare valuation

Key Issues

{"issue_text":"Whether the applicant has satisfied the requirements of section 196 of the Companies Act for relief against oppressive conduct","issue_type":"law","dispositive":"yes","related_facts":"Applicant's denial of access as Managing Director, exclusion from company affairs"}
{"issue_text":"Whether the conduct complained of relates to applicant's position as shareholder or as Managing Director","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's dual role as shareholder and Managing Director"}

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background

Facts of the Case

Background

The applicant, a medical practitioner and professor, sought relief under section 196 of the Companies Act alleging oppressive conduct by fellow shareholders who prevented him from functioning as Managing Director of Belvedere Nursing Home despite an arbitral award reinstating him. The respondents disputed his shareholding and argued the matter was essentially an employment dispute.

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