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Harare High Court
Arthur Fernando Pereira Dias and Rosalie Mercedes Dias v Dawid Johannes Erasmus and Yan Yu in Her Capacity as Executrix Dative for the Estate of Zhaosheng Wu and Yan Yu and Eras Accounting & Executor Services and Shomet Industrial Development (Pvt) Ltd and The Registrar of Deeds and Monomotapa Garden Furniture (Pvt) Ltd
HH 99-21
Case Details
Court
Harare High Court
Date
10 March 2021
Citation
HH 99-21
Neutral Citation
[2021] ZWHH 99
Outcome
unknown
Case Type
Trial
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Contract lawCompany lawProperty law
Keywords
Share saleBreachCancellationSpecific performanceFraudulent transfer
Tags
Share sale agreementBreach of contractCompany sharesProperty transfer
legislation
Statutes Cited
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the fifth defendant breached the agreement of 24 November 2008","issue_type":"mixed","dispositive":"yes","related_facts":"Non-payment by deadline, late tender after cancellation"}
- {"issue_text":"Whether the agreement of 24 November 2008 was validly cancelled","issue_type":"law","dispositive":"yes","related_facts":"Breach by non-payment, cancellation notice"}
- {"issue_text":"Whether the first and fourth defendants acted fraudulently","issue_type":"fact","dispositive":"no","related_facts":"Transfer without resolution, conflict of interest"}
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background
Facts of the Case
Background
The plaintiffs sold their shareholding in Monomotapa Garden Furniture (Pvt) Ltd to the fifth defendant in 2005, with the purchase price later being renegotiated to US$200,000 in a November 2008 agreement. The defendants failed to pay the agreed amount by the December 2008 deadline, leading the plaintiffs to cancel the agreement in December 2009. The defendants, through fraudulent means involving the first and fourth defendants, transferred the shares and removed the plaintiffs as directors without proper payment.
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