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Harare High Court
Richard Bhuri and Nyasha Masaka and Purple Dot Investments (Pvt) Ltd v Tarisai Mavetera and Chief Registrar of Companies
HH 306/24
Case Details
Court
Harare High Court
Date
18 July 2024
Citation
HH 306/24
Neutral Citation
[2024] ZWHH 306
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu JChilimbe J
Areas of Law
Company LawCommercial Law
Keywords
share sale agreementarticles of associationshareholder consentrectification of company register
Tags
company lawshare transferrectification of register
legislation
Statutes Cited
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the sale of shares agreement between Takaona and Mavetera was valid despite lack of prior written consent of all shareholders","issue_type":"mixed","dispositive":"yes","related_facts":"Articles of association requirement; consent document signed after agreement; Takaona's evidence"}
- {"issue_text":"Whether the lower court misdirected itself in finding that no corrective measures were taken to nullify the agreement","issue_type":"fact","dispositive":"no","related_facts":"Extra-ordinary meeting convened; evidence of ratification through conduct"}
- {"issue_text":"Whether the joinder of 1st and 2nd appellants in their personal capacities was proper","issue_type":"procedural","dispositive":"no","related_facts":"Ground abandoned at hearing"}
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background
Facts of the Case
Background
Mavetera bought 40% shares in Purple Dot from Takaona. Appellants refused to register the transfer claiming the sale required prior written consent of all shareholders per company articles. Magistrate's Court ordered rectification of register to show Mavetera as 40% shareholder. Appellants appealed.
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