Triangle Limited v Romsdale Investments (Private) Limited and 31 Others

HH 220-18

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Case Details

Court

Harare High Court

Date

25 April 2018

Citation

HH 220-18

Neutral Citation

[2018] ZWHH 220

Outcome

unknown

Case Type

Appeal

Bench

Presiding

KWENDA J

Full Bench

MWAYERA JMATANDA-MOYO JKWENDA J

Areas of Law

Company LawProperty Law

Keywords

Judicial Management OrderLeave to SueSection 301(1) Companies ActEvictionLease

Key Issues

{"issue_text":"Whether leave of the High Court is required to commence fresh proceedings against a company under judicial management where the judicial management order contains a stay on proceedings clause.","issue_type":"law","dispositive":"yes","related_facts":"The 1st respondent is under judicial management; the appellant commenced eviction proceedings without leave."}

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background

Facts of the Case

Background

The appellant sought eviction of the respondents from leased premises due to non-payment of rentals. The 1st respondent was under judicial management, and a dispute arose as to whether the appellant needed leave of the High Court to commence the eviction proceedings.

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