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Supreme Court
Ezekiel Chinoingira v Sabre Services (Private) Limited & Balwearie Holdings (Private) Limited
[2021] ZWSC 22
Case Details
Court
Supreme Court
Date
18 November 2021
Citation
[2021] ZWSC 22
Judgment No.
SC 22/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Bhunu JA
Full Bench
Bhunu JAChiweshe JAMwayera JA
Areas of Law
Property LawCivil Procedure
Keywords
eviction interdictcompany dissolutionnon-existent partyjudgment in rem
Tags
evictioncompany dissolutionnon-existent entity
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appeal has merit where the appellant sued a non-existent entity that had been dissolved by court order","issue_type":"procedural","dispositive":"yes","related_facts":"Dissolution of Balwearie Holdings (Private) Limited on 8 July 2020"}
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background
Facts of the Case
Background
The appellant appealed against the High Court's decision to strike off the roll his urgent application for an interdict against eviction. The High Court upheld a point in limine that the appellant had sued a non-existent entity, Balwearie Holdings (Pvt) Ltd, which had been dissolved by court order on 8 July 2020.
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