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Bulawayo High Court
ABAZIYO CONSULTING ENGINEERS (PVT) LTD v CITY OF BULAWAYO and SHERIFF OF THE HIGH COURT OF ZIMBABWE N.O.
HB 89/23
Case Details
Court
Bulawayo High Court
Date
15 May 2023
Citation
HB 89/23
Neutral Citation
[2023] ZWHB 89
Outcome
unknown
Case Type
Application
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Property lawContract lawCivil procedure
Keywords
Agreement of saleProperty repossessionLocus standiCompany resolutionAuthority to litigate
Tags
Property disputeContract cancellationConstitutional challenge
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's founding affidavit was fatally defective for failure to attach the shareholders resolution upon which the deponent's authority was based","issue_type":"procedural","dispositive":"yes","related_facts":"Deponent claimed authority based on resolution; Resolution not attached; Annexure 'A' was bill statement"}
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background
Facts of the Case
Background
The applicant, a private company, sought declaratory and interdictory relief against the City of Bulawayo regarding three stands in Selbourne Park, Bulawayo. The application was opposed on the basis that the deponent to the founding affidavit lacked authority to litigate on behalf of the company as no shareholders resolution was attached despite being referenced in the affidavit.
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