Robin Bouckaert v Gary Duckworth and Wilfried Pabst and Guy Withal and Guy Stockil and Save Valley Conservancy and The Trustees for the Time Being of the Save Valley Conservancy Trust

HH 873-22

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Case Details

Court

Harare High Court

Date

23 November 2022

Citation

HH 873-22

Neutral Citation

[2022] ZWHH 873

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Corporate lawTrust lawCivil procedure

Keywords

additional affidavitres litigiosasuspensionremoval from officedeclaratur

Key Issues

{"issue_text":"Whether respondents should be granted leave to file an additional affidavit relating to the AGM resolution","issue_type":"procedural","dispositive":"yes","related_facts":"AGM held after pleadings closed; resolution ratified removal"}
{"issue_text":"Whether the additional affidavit would materially alter the causa between the parties","issue_type":"procedural","dispositive":"yes","related_facts":"Original dispute concerned Executive Committee's actions; new evidence introduces AGM ratification"}

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background

Facts of the Case

Background

The applicant, Robin Bouckaert, was chairperson and CEO of Save Valley Conservancy and trustee of Save Valley Conservancy Trust. He was suspended and removed from these positions in June 2021. He sought declaratory relief challenging the validity of his removal. After pleadings closed, the respondents held an AGM that ratified his removal and sought to introduce this ratification as additional evidence.

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