Gilad Shabtai and Munyaradzi Gonyora v Ofer Sivan and Adlecraft Investments (Pvt) Ltd and Registrar of Companies and Sheriff of the High Court, Zimbabwe

HH 95-23

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Case Details

Court

Harare High Court

Date

9 February 2023

Citation

HH 95-23

Neutral Citation

[2023] ZWHH 95

Outcome

unknown

Case Type

Application

Bench

Presiding

Kwenda J

Full Bench

Kwenda J

Areas of Law

Civil ProcedureCompany LawCommercial Litigation

Keywords

stay of executiondefault judgmentrescissioncompany directorsfraudprocedural irregularities

Key Issues

{"issue_text":"Whether the application for stay of execution is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Applicants learned of judgment on 23 Sept, filed stay application on 3 Oct"}
{"issue_text":"Whether applicants have shown good prospects of success in rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Defective bar procedure, extant special pleas, judgment not served"}
{"issue_text":"Whether balance of convenience favors granting stay","issue_type":"mixed","dispositive":"yes","related_facts":"Changes to company board, irreparable harm, both parties at fault"}

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background

Facts of the Case

Background

The applicants, former directors of second respondent company, seek stay of execution of a default judgment obtained against them alleging fraud and misappropriation of US$1.3 million. The judgment was granted without their knowledge and they claim it was erroneously granted as they were not properly barred and had extant special pleas.

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