Amanda Berkowitz (Nee Cohen) and Waverley Plastics (Private) Limited v Aron Vico and AA Omar and Company and Registrar of Companies N.O.

[2021] ZWHH 231

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Case Details

Court

Harare High Court

Date

12 May 2021

Citation

[2021] ZWHH 231

Judgment No.

HH 231-21

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Company LawCivil Procedure

Keywords

declaraturCR2 returnspecial pleadies induciaecondonationr138

Key Issues

{"issue_text":"Whether the declaration filed after the failed appeal was a nullity for being out of time","issue_type":"procedural","dispositive":"no","related_facts":"Declaration filed on 2020-06-12 after appeal struck off roll"}
{"issue_text":"Whether the special plea was properly before the court having not been set down in terms of r138","issue_type":"procedural","dispositive":"yes","related_facts":"Special plea filed 2020-10-02, not set down within 14 days"}

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background

Facts of the Case

Background

The plaintiffs sought a declaratur that the purported issue and allotment of shares to the first defendant and another was null and void. After the court referred the matter to trial, the plaintiffs appealed to the Supreme Court instead of filing their declaration as ordered. The Supreme Court struck the appeal off the roll, and the plaintiffs subsequently filed their declaration. The first defendant raised a special plea claiming the declaration was a nullity for being filed out of time without condonation.

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