TRIMIANT INVESTMENTS (PRIVATE) LIMITED and WATERMOUNT ESTATES (PRIVATE) LIMITED and ONIYAS ZIDANDA GUMBO v TBIC INVESTMENTS (PRIVATE) LIMITED and CHRISTOPHERF WESLEY TAKURA TANDE and KWAZISO BHOSHA and THE REGISTRAR OF COMPANIES (NO)

HH 477-22

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Case Details

Court

Harare High Court

Date

23 November 2022

Citation

HH 477-22

Neutral Citation

[2022] ZWHH 477

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Company LawCivil Procedure

Keywords

Locus standiRes judicataSpecial pleaExceptionAmendment of pleaPoint in limine

Key Issues

{"issue_text":"Whether the court should deal with the plaintiffs' procedural objection to the defendants' application to amend their plea separately from the merits of the points in limine, or whether all issues should be heard together","issue_type":"procedural","dispositive":"yes","related_facts":"The dispute over the scope of the hearing and whether piecemeal or consolidated approach should be adopted"}

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Facts of the Case

Background

The plaintiffs issued summons in September 2018 seeking various reliefs related to share transfers and company registers. The defendants sought to raise special pleas and exceptions at a late stage, including that the plaintiff had no locus standi due to de-registration and that the matter was res judicata. Disputes arose on how to procedurally handle these late points in limine, with the plaintiffs arguing for a piecemeal approach and the defendants arguing for a consolidated hearing.

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