Dalabani Swadiki and Charles Kanengoni and Happyson Kaponda and Tapiwa Hwingwiri and Shine Tafura v Mazowe Mining Company (Private) Limited

HH 679/25

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Case Details

Court

Harare High Court

Date

29 October 2025

Citation

HH 679/25

Neutral Citation

[2025] ZWHH 679

Outcome

unknown

Case Type

Application

Bench

Presiding

V. Ndlovu J

Full Bench

V. Ndlovu J

Areas of Law

Insolvency lawCorporate rescueEmployment law

Keywords

Corporate rescueTerminal benefitsInsolvency ActLeave to sue

Key Issues

{"issue_text":"Whether the application is premature given the pending corporate rescue proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Corporate rescue application pending since February 2024, no practitioner appointed"}
{"issue_text":"Whether applicants must attach a draft Labour Court application","issue_type":"procedural","dispositive":"yes","related_facts":"No draft application attached to the application"}

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background

Facts of the Case

Background

Five former managers of Mazowe Mining Company sought court approval under Section 126 of the Insolvency Act to claim unpaid terminal benefits exceeding US$415,000 from their former employer, which was under corporate rescue proceedings. The company had defaulted on instalment payments agreed upon in July 2023 termination agreements.

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