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Harare High Court
Edward Buwu and Fani Lesly Buwu v Village Inn (Pvt) Ltd and Others (Consolidated with HC 7843/18)
HH 25-21
Case Details
Court
Harare High Court
Date
13 January 2021
Citation
HH 25-21
Neutral Citation
[2021] ZWHH 25
Outcome
unknown
Case Type
Trial
Bench
Presiding
Tagu J
Full Bench
Tagu J
Areas of Law
Company lawContract lawCivil procedure
Keywords
Locus standiPrivity of contractScheme of arrangementShareholder capacityCorporate personality
Tags
Scheme of arrangementCompany lawShareholder rightsContract validity
legislation
Statutes Cited
- Companies Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first and second plaintiffs have locus standi to bring this action","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs are shareholders but not parties to the agreements"}
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background
Facts of the Case
Background
The plaintiffs, shareholders in Village Inn (Pvt) Ltd and Folay Investments (Pvt) Ltd, sought to cancel agreements of sale entered into by the second defendant (scheme manager) with third defendants for company assets. The companies were under a court-sanctioned scheme of arrangement. Defendants raised preliminary objection that shareholders lack locus standi to challenge company contracts.
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