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Harare High Court

John Edward Chibwe v Zimbabwe Sugar Sales (Pvt) Ltd and 4 Others

HH 236-23

Case Details

Court
Harare High Court
Date
6 April 2023
Citation
HH 236-23
Neutral Citation
[2023] ZWHH 236
Outcome
unknown
Case Type
Application

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Commercial LawCivil Procedure
Keywords
forensic auditdeclaratorjurisdictionpreliminary points
Tags
forensic auditdeclaratory reliefjurisdiction
legislation
Statutes Cited
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant is making out a new case in the answering affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Contents of answering affidavit"}
  • {"issue_text":"Whether there are material disputes of fact","issue_type":"procedural","dispositive":"no","related_facts":"Length of affidavits, nature of dispute"}
  • {"issue_text":"Whether 5th respondent exists in the manner it was cited","issue_type":"procedural","dispositive":"yes","related_facts":"Citation of 5th respondent as \"Price water house Coopers South Africa\""}
  • {"issue_text":"Whether 3rd, 4th and 5th respondents can be sued in this jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents are South African companies"}
  • {"issue_text":"Whether there is a cause cognisable under section 14 of the High Court Act","issue_type":"procedural","dispositive":"no","related_facts":"Nature of declaratory relief sought"}
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background
Facts of the Case

Background

Applicant sought a declaratory order that a forensic audit report conducted by the 4th and 5th respondents on the affairs of 1st and 2nd respondents be declared unlawful. The respondents raised five preliminary points in limine seeking dismissal of the application.
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