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Harare High Court
Shandong Taishan Sunlight Investments Limited v Yunnan Linkun Investments Group Company Limited and Oldstone Investments (Private) Limited and China-Africa Sunlight Energy (Private) Limited
HH 6-16
Case Details
Court
Harare High Court
Date
2016
Citation
HH 6-16
Neutral Citation
[2016] ZWHH 6
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Commercial lawCompany lawContract law
Keywords
Joint venture terminationShare sale agreementCommercial urgencyInterdict
Tags
Joint ventureShare saleUrgent applicationCommercial urgency
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter was urgent and deserved to be heard on an urgent basis","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant delayed over a month after becoming aware of alleged breaches; no irreparable harm demonstrated"}
- {"issue_text":"Whether commercial urgency existed such that substantial injustice would result if matter not heard urgently","issue_type":"procedural","dispositive":"no","related_facts":"Applicant failed to show irreparable harm threatening its existence; alternative remedies available"}
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background
Facts of the Case
Background
Applicant and second respondent entered into a joint venture agreement in November 2011 forming third respondent (CASECO) with 50/50 shareholding. In July 2015 they agreed to terminate the joint venture, with second respondent to identify a new partner to buy applicant's shares. First respondent was identified and entered into a share sale agreement with applicant, conditional upon payment before transfer. Applicant alleged respondents were acting as if the share transfer had occurred and brought urgent application to stop such conduct.
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