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Harare High Court
Prometheus (Private) Limited v Fairdrop Trading (Private) Limited t/a Rock Foundation Medical Centre (Under Judicial Management)
HH 595-22
Case Details
Court
Harare High Court
Date
7 September 2022
Citation
HH 595-22
Neutral Citation
[2022] ZWHH 595
Outcome
unknown
Case Type
Application
Bench
Presiding
Bachi-Mzawazi J
Full Bench
Bachi-Mzawazi J
Areas of Law
Company LawCivil Procedure
Keywords
judicial managementcorporate rescueleave to suecourt orderretrospectivityspecial plea
Tags
judicial managementcorporate rescuespecial pleacourt orderretrospectivity
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment Act No. 20 of 2013
- Interpretation Act
- Insolvency Act
- Companies Act
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether s 126(1)(e) Insolvency Act applies retrospectively to override existing court order","issue_type":"law","dispositive":"yes","related_facts":"Extant court order HC 10095/14; new Insolvency Act provisions"}
- {"issue_text":"Whether security deposit constitutes trust money exempt from leave requirement","issue_type":"mixed","dispositive":"no","related_facts":"Security deposit paid under lease; defendant holds as trustee"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Plaintiff sued defendant for recovery of US$850,000 security deposit. Defendant is under judicial management with an extant court order requiring leave before any action. Defendant raised special plea that plaintiff failed to seek leave. Plaintiff argued new Insolvency Act provisions exempt trust funds from leave requirement.
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