Dr Wesley Simba Sibanda v Betack Fashions (Private) Limited and 8 Others

HH 305-17

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Case Details

Court

Harare High Court

Date

17 May 2017

Citation

HH 305-17

Neutral Citation

[2017] ZWHH 305

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Company LawCivil ProcedureExecution Law

Keywords

stay of executionfraudulent appointmentdirector's authoritymortgageexecutor dative

Key Issues

{"issue_text":"Whether the applicant has locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant appointed executor dative, estate holds 1999 shares"}
{"issue_text":"Whether execution should be stayed pending determination of the declaratory order application","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged fraudulent appointment of directors, property already sold"}
{"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Beneficiaries became aware on 6 March 2017, applicant appointed 24 March 2017"}

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background

Facts of the Case

Background

The applicant, appointed executor dative of the late John Nyamasoka's estate, sought to stay execution of a 2014 consent order under which the fourth respondent's property was to be sold in execution. The applicant alleged that the second and third respondents had fraudulently appointed themselves directors of the fourth respondent and mortgaged its property without authority.

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