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Harare High Court
Riteon Investments v Victor Wakatama and Korbes Mutandiro and Daniel Mandivazhira and Josiphati Sachikonye and Michael Wheedon
HH 743-18
Case Details
Court
Harare High Court
Date
9 November 2018
Citation
HH 743-18
Neutral Citation
[2018] ZWHH 743
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUSHORE J
Full Bench
MUSHORE J
Areas of Law
Company LawCivil Procedure
Keywords
s 318 Companies Actfraudulent conductreckless tradingdirectors' personal liabilityabsolution from the instance
Tags
Company LawDirectors' LiabilityFraudulent Trading
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff has established a prima facie case against defendants under s 318 of the Companies Act","issue_type":"procedural","dispositive":"yes","related_facts":"All factual allegations against defendants"}
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background
Facts of the Case
Background
Plaintiff company supplied horticultural products to Southern Flowers (Pvt) Ltd. After obtaining summary judgment against Southern Flowers for US$113,416-12, plaintiff sued the five former directors personally under s 318 of the Companies Act alleging fraudulent, reckless and grossly negligent conduct in carrying on the company's business. Defendants applied for absolution from the instance.
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