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Harare High Court
Skyview Investments (Private) Limited v T. Musarara and J. Muchada
HH 783-18
Case Details
Court
Harare High Court
Date
22 November 2018
Citation
HH 783-18
Neutral Citation
[2018] ZWHH 783
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Commercial LawContract Law
Keywords
suretyshipleasenon-existent companynullityConsolidated Industries
Tags
suretyshiplease agreementnon-existent companynullity
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judgment obtained against a non-existent entity can be enforced against alleged sureties","issue_type":"law","dispositive":"yes","related_facts":"Consolidated Industries not registered; judgment obtained in HC 848/11"}
- {"issue_text":"Whether the suretyship agreement is valid when the principal debtor is non-existent","issue_type":"law","dispositive":"yes","related_facts":"Deed of Suretyship signed; Consolidated Industries not legal entity"}
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background
Facts of the Case
Background
The applicant leased property to Consolidated Industries and obtained default judgment for arrears. When execution failed because Consolidated Industries did not exist, the applicant sought to substitute the respondents as sureties. The court found the original judgment was a nullity as it was against a non-existent entity.
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