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Harare High Court
Gary Seabrooke v Huka Mining (Private) Limited & 5 Ors
HH 432-21
Case Details
Court
Harare High Court
Date
26 August 2021
Citation
HH 432-21
Neutral Citation
[2021] ZWHH 432
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Commercial lawCompany lawContract law
Keywords
Share transferMemorandum of understandingSpecific performanceContractual breachCompany shares
Tags
Share transferContractual breachSpecific performanceCompany law
legislation
Statutes Cited
- High Court Rules, 1971
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the summons was defective for failure to comply with Order 3 Rule 11(c) of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Summons only stated relief sought without disclosing cause of action"}
- {"issue_text":"Whether the cause of action was incomplete for failure to tender payment consideration","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff sought share transfer without pleading tender of US$250,000 payment"}
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background
Facts of the Case
Background
The plaintiff sought an order compelling the 2nd-5th defendants to transfer 40% shareholding in the 1st defendant company based on a memorandum of understanding. The 3rd and 4th defendants excepted to the summons and declaration, arguing they were defective and disclosed an incomplete cause of action.
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