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Masvingo High Court
Jakamoko Investments (Pvt) Ltd v Brennan James Michael de Bruyn
HMA 67-22
Case Details
Court
Masvingo High Court
Date
30 September 2022
Citation
HMA 67-22
Neutral Citation
[2022] ZWHMA 67
Outcome
unknown
Case Type
Application
Bench
Presiding
Zisengwe J
Full Bench
Zisengwe J
Areas of Law
Property LawCompany Law
Keywords
rei vindicatiomaterial disputes of factevictionshare transferproperty transfer
Tags
evictionproperty ownershipshare salecompany assets
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether material disputes of fact exist rendering the application incapable of resolution without oral evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over share percentage held by Bryony; dispute over property inclusion in share sale; dispute over Bryony's continued directorship"}
- {"issue_text":"Whether the resolution authorizing litigation was validly passed","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over whether Scroobys retained directorship after share sale"}
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background
Facts of the Case
Background
The applicant company sought eviction of respondent from residential premises in Kwekwe. The respondent claimed he acquired rights to the property through purchasing 100% shareholding in the applicant company from Bryony Scrooby, who allegedly held herself out as sole shareholder. The applicant disputed this, claiming Bryony only held 50% shares and lacked authority to transfer the property.
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