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Harare High Court

Chen Shaoliang and Chen Mandong v Zhou Haixi and Wenzhou Enterprises Private Limited

HH 90-17

Case Details

Court
Harare High Court
Date
8 February 2017
Citation
HH 90-17
Neutral Citation
[2017] ZWHH 90
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIGUMBA J
Full Bench
CHIGUMBA J
Areas of Law
Civil ProcedureCompany LawAppeal Procedure
Keywords
leave to appealinterlocutory orderabsolution from the instancecondonationspecial circumstances
Tags
company lawshareholding disputedirectorship disputemining rights
legislation
Statutes Cited
  • High Court Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether condonation should be granted for late filing of application for leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 28 days after judgment, explanation given for delay"}
  • {"issue_text":"Whether leave to appeal should be granted against an interlocutory order refusing absolution from the instance","issue_type":"procedural","dispositive":"yes","related_facts":"Order is purely interlocutory, applicants claim reasonable prospects of success"}
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background
Facts of the Case

Background

The applicants, who were defendants in the main action, sought leave to appeal against an interlocutory order refusing their application for absolution from the instance at the close of the plaintiffs' case. The dispute concerns ownership, control, shareholding and directorship of Wenzhou Enterprises Private Limited, which owns the Eldorado gold mine in Chinhoyi.
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