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Harare High Court

In re: Graphic Age Advertising (For an order of Provisional Management)

HH 97-2008

Case Details

Court
Harare High Court
Date
23 October 2008
Citation
HH 97-2008
Neutral Citation
[2008] ZWHH 97
Outcome
unknown
Case Type
Application

Bench

Presiding
BERE J
Full Bench
BERE J
Areas of Law
Company lawCommercial litigation
Keywords
Provisional judicial managementLocus standiArbitration clauseShareholders agreement
Tags
Company lawJudicial managementShareholder disputes
legislation
Statutes Cited
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the applicant have locus standi to bring an application for provisional judicial management after resigning and agreeing to transfer his shareholding?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant resigned in December 2006; Applicant agreed to transfer shares under shareholders agreement"}
  • {"issue_text":"Should the applicant have exhausted the arbitration remedy provided in the shareholders agreement before approaching court?","issue_type":"procedural","dispositive":"yes","related_facts":"Shareholders agreement signed 12 September 2000 containing arbitration clause"}
  • {"issue_text":"Does the application satisfy the requirements for provisional judicial management under section 300 of the Companies Act?","issue_type":"law","dispositive":"no","related_facts":"Applicant's founding affidavit contents"}
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background
Facts of the Case

Background

The applicant and respondent were co-shareholders and co-directors in Graphic Age (Private) Limited. After the applicant resigned in December 2006, the respondent exercised pre-emptive rights to acquire the applicant's shareholding under their shareholders agreement. A dispute arose over payment timing and revaluation, leading the applicant to seek provisional judicial management of the company.
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