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Harare High Court
The Trustees For The Time Being Of Young Africa Trust v Stiching Young Africa International and The Trustees For The Time Being Of Young Africa International – Africa Hub Trust
HH 490/23
Case Details
Court
Harare High Court
Date
16 August 2023
Citation
HH 490/23
Neutral Citation
[2023] ZWHH 490
Outcome
unknown
Case Type
Application
Bench
Presiding
MANZUNZU J
Full Bench
MANZUNZU J
Areas of Law
Trust LawCivil Procedure
Keywords
TrustLocus StandiInterdictAffiliation Agreement
Tags
Trust LawInterdictLocus Standi
legislation
Statutes Cited
- Trust Deed of Young Africa Trust
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has locus standi to bring the application","issue_type":"procedural","dispositive":"yes","related_facts":"Trust Deed paragraph 3(a) & (b) declaring Trust a universitas personarum"}
- {"issue_text":"Whether the applicant can sue through its trustees or must sue in its own name","issue_type":"procedural","dispositive":"yes","related_facts":"Trust Deed provisions and general trust law principles"}
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background
Facts of the Case
Background
The applicant, a charitable trust established in 1998, sought a final interdict against respondents to prevent them from interfering with its administration. The respondents claimed authority under an affiliation agreement to interfere, including dismissing the applicant's board. The court found the applicant lacked locus standi because its Trust Deed declared it a universitas personarum capable of suing in its own name, not through trustees.
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