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Harare High Court

THIRDLINE TRADING (PRIVATE) LIMITED and ONCLASS INVESTMENTS (PRIVATE) LIMITED v BOKA INVESTMENTS (PRIVATE) LIMITED and TOBACCO INDUSTRY & MARKETING BOARD

HH 130-11

Case Details

Court
Harare High Court
Date
24 February 2011
Citation
HH 130-11
Neutral Citation
[2011] ZWHH 130
Outcome
unknown
Case Type
Application

Bench

Presiding
UCHENA J
Full Bench
UCHENA J
Areas of Law
Civil ProcedureCompany LawAdministrative Law
Keywords
Default judgmentRescissionLiquidationSection 213 Companies ActRule 449 High Court Rules
Tags
Rescission of judgmentCompanies ActWinding upDefault judgment
legislation
Statutes Cited
  • Companies Act
  • Companies Act
  • Companies Act
  • High Court Rules 1971
  • High Court Rules
  • High Court Rules
  • High Court Rules
  • Tobacco Marketing and Levy Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the proceedings are void due to the applicants' provisional winding up","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional winding up order granted 23 February 2011; Section 213 Companies Act"}
  • {"issue_text":"Whether the default judgment was erroneously granted and should be rescinded","issue_type":"procedural","dispositive":"no","related_facts":"Default judgment granted without serving interested parties"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The first respondent obtained a default judgment against the second respondent and the applicants. The applicants sought rescission of that judgment. During the proceedings, it was discovered that the applicants had been provisionally wound up, which automatically stayed all proceedings against them and required court leave to continue.
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