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Harare High Court
Duration Gold Limited v Fawcett Security Operations (Private) Limited & 3 Ors
HH 66/25
Case Details
Court
Harare High Court
Date
10 February 2025
Citation
HH 66/25
Neutral Citation
[2025] ZWHH 66
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Insolvency LawCompany Law
Keywords
corporate rescueaffected personcreditorshareholderlocus standi
Tags
corporate rescueinsolvencyaffected personlocus standi
legislation
Statutes Cited
- Insolvency Act
- Insolvency Act
- Insolvency Act
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is the applicant an “affected person” as defined in section 121(1)(a) of the Insolvency Act?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant’s alleged creditor status; concession on shareholder status"}
- {"issue_text":"If so, should leave be granted for the applicant to file opposing papers in HCHC 276/24?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant’s intention to oppose"}
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background
Facts of the Case
Background
Duration Gold sought leave to oppose corporate-rescue proceedings brought by Fawcett Security against Forbes & Thompson, claiming to be an affected person as creditor/shareholder. Fawcett disputed the status and raised a preliminary point on late filing.
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