WINDMILL (PVT) LTD v MARK HUGO DEREK SELBY and ADAM SELBY and IAN RONALD COOMER and MIKE WEEDEN

HH 308-13

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Case Details

Court

Harare High Court

Date

25 September 2013

Citation

HH 308-13

Neutral Citation

[2013] ZWHH 308

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Company LawCivil Procedure

Keywords

Section 318ConsignmentPersonal LiabilityVagueness

Key Issues

{"issue_text":"Whether paragraphs 9 and 10 of the plaintiff's declaration are vague and embarrassing and should be struck out.","issue_type":"procedural","dispositive":"yes","related_facts":"The allegations regarding collection of products and the nature of the defendants' conduct under s 318."}
{"issue_text":"Whether the declaration discloses a cause of action under s 318 of the Companies Act.","issue_type":"law","dispositive":"yes","related_facts":"The plaintiff's claim for damages based on alleged reckless or negligent conduct by directors."}

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Facts of the Case

Background

The plaintiff issued summons against four defendants seeking payment for products delivered to Kettex Holdings (Pvt) Ltd on a consignment basis, which were sold but not accounted for. The plaintiff alleged that the defendants, as directors of Kettex, carried on business recklessly and with gross negligence, causing damages. The defendants excepted to the declaration, arguing it was vague and did not properly disclose a cause of action under section 318 of the Companies Act.

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