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Bulawayo High Court

Tendai Tarinda v Cake Fairy (Private) Limited and Kathy Mwanza

HC 2332/19

Case Details

Court
Bulawayo High Court
Date
27 February 2020
Citation
HC 2332/19
Neutral Citation
[2019] ZWHB 2332
Outcome
unknown
Case Type
Application

Bench

Presiding
Kabasa J
Full Bench
Kabasa J
Areas of Law
Company lawCivil procedure
Keywords
Provisional judicial managementCompanies ActLis pendensDeadlock
Tags
Company lawJudicial managementLis pendensProcedural law
legislation
Statutes Cited
  • Companies Act
  • Insolvency Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plea of lis pendens should be upheld given the pending action HC 2085/19","issue_type":"procedural","dispositive":"yes","related_facts":"Same parties involved; 1st respondent's shares are subject matter in both actions"}
  • {"issue_text":"Whether applicant can introduce Insolvency Act provisions in answering affidavit when founding affidavit relied on Companies Act","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's case built on Companies Act provisions"}
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background
Facts of the Case

Background

The applicant and second respondent were co-directors and equal shareholders in the first respondent company. Their personal relationship deteriorated, leading to litigation over dissolution of their tacit universal partnership and distribution of assets including the company shares. The applicant sought provisional judicial management of the company, fearing asset diversion while barred from company premises by a protection order.
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