Yang Linhai v Cheng Minglei and Sun Nian and Sobey Chisewe

HH 681-25

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Case Details

Court

Harare High Court

Date

30 October 2025

Citation

HH 681-25

Neutral Citation

[2025] ZWHH 681

Outcome

unknown

Case Type

Application

Bench

Presiding

DEME J

Full Bench

DEME J

Areas of Law

Civil ProcedureCompany Law

Keywords

shareswithdrawalset downcostsdefective affidavit

Key Issues

{"issue_text":"Whether the application for withdrawal may be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of withdrawal filed on hearing day; matter set down"}
{"issue_text":"Whether the present application must be dismissed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's attempt to withdraw; respondent's request for dismissal"}
{"issue_text":"Whether the Applicant must bear the costs of suit on an attorney and client scale","issue_type":"procedural","dispositive":"yes","related_facts":"Conduct of parties; delay in raising defects; timing of withdrawal"}

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background

Facts of the Case

Background

The applicant sought a declaration of ownership of all shares in Timsite Enterprises (Pvt) Ltd. On the day of the hearing, the applicant attempted to withdraw the matter, citing a defect in the founding affidavit and the abandonment of a joinder application. The respondent opposed the withdrawal and sought dismissal of the application with costs on an attorney and client scale.

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