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Harare High Court
Chandra Mohan Goyel v Myrammar Farming (Pvt) Ltd t/a Cottzim and 6 Others
HH 146-23
Case Details
Court
Harare High Court
Date
23 February 2023
Citation
HH 146-23
Neutral Citation
[2023] ZWHH 146
Outcome
unknown
Case Type
Trial
Bench
Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Commercial LawBanking LawCompany Law
Keywords
Loan agreementJudicial managementLeave to sueSuretyshipPrescription
Tags
Banking & FinanceLoan AgreementSuretyshipJudicial Management
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave of court is required to institute fresh proceedings against a company under judicial management","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional judicial management order granted 30 July 2014, summons issued 8 June 2016"}
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background
Facts of the Case
Background
The plaintiff advanced US$1 million to the first defendant in December 2011 to fund seed cotton purchase. The first defendant failed to repay by December 2012 and was placed under judicial management. The plaintiff sued all defendants in June 2016, with defendants raising preliminary objections including that leave was required to sue a company under judicial management.
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