Broadway Investments (Private) Limited v The Trustees for the Time Being of Oliver Mandishona Chidawu Trust

Key Issues

• {"issue_text":"Whether the resolution authorizing the applicant's directors to institute proceedings was validly procured","issue_type":"procedural","dispositive":"no","related_facts":"CR6 form of 13 October 2022, court order in HCHC 307/22"}
• {"issue_text":"Whether the applicant has established a direct and substantial interest warranting declaratory relief","issue_type":"mixed","dispositive":"yes","related_facts":"Shareholder confusion, regulatory compliance requirements, respondent's long-standing assumption of shareholder rights"}
• {"issue_text":"Whether the respondent is the rightful shareholder of the applicant company","issue_type":"mixed","dispositive":"yes","related_facts":"Share certificate issued to non-existent entity, respondent's claim of misnomer, lack of counter-application by respondent"}

Background