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Harare High Court
Tamira Overseas SA v Taleb Mohammed and Sandra Magdalene Van Rooyen and Aquirium Trading (Private) Limited and The Master of the High Court
HH 524-18
Case Details
Court
Harare High Court
Date
12 September 2018
Citation
HH 524-18
Neutral Citation
[2018] ZWHH 524
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Company LawCivil Procedure
Keywords
Section 318 Companies ActPersonal liability of directorsFraudulent business conductReckless tradingDisputed factsForensic audit
Tags
Companies ActDirector liabilityFraudulent conductForeign investment
legislation
Statutes Cited
- Companies Act
- Criminal Law (Codification and Reform) Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application should be dismissed or referred to trial due to disputed facts","issue_type":"procedural","dispositive":"yes","related_facts":"Disputed forensic audit report, conflicting affidavits"}
- {"issue_text":"Whether directors can be held personally liable under section 318 of Companies Act","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of fraudulent misrepresentation and reckless trading"}
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background
Facts of the Case
Background
The applicant, a Belize-incorporated company, invested US$2.7 million in the third respondent company and now seeks to hold its directors personally liable under section 318 of the Companies Act for alleged fraudulent misrepresentations and reckless trading. The application is opposed on various grounds including disputed facts regarding a forensic audit report.
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