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Harare High Court

Fuss Diamonds (Private) Limited (In Liquidation) v Marange Resources (Private) Limited and Zimbabwe Consolidated Diamond Company (Private) Limited

HH 659-18

Case Details

Court
Harare High Court
Date
24 October 2018
Citation
HH 659-18
Neutral Citation
[2018] ZWHH 659
Outcome
unknown
Case Type
Trial

Bench

Presiding
Mabhikwa J
Full Bench
Mabhikwa JMuzenda J
Areas of Law
Company lawCivil procedure
Keywords
Foreign company in liquidationLocus standiCitationRecognition of foreign liquidators
Tags
Company liquidationForeign companyLocus standiSpecial plea
legislation
Statutes Cited
  • Companies Act
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a foreign company in liquidation can sue in Zimbabwe in its own name","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff is foreign company in liquidation"}
  • {"issue_text":"Whether foreign liquidators must seek leave of court before instituting proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Liquidators are foreign and not cited"}
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background
Facts of the Case

Background

An Israeli company in liquidation sued two Zimbabwean companies for breach of a diamond purchase agreement. The defendants raised a special plea challenging the plaintiff's locus standi to sue in its own name while in liquidation and without its foreign liquidators being cited or recognized by the Zimbabwean court.
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