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Supreme Court

John Leggett & Earthmoving and Construction Company (Private) Limited v Asswel Africa Gurupira, Jean Jane Gurupira, Sandra Maureen Muir, The Registrar of Deeds, The Sheriff, The Deputy Sheriff

Judgment No. SC 85/20

Case Details

Court
Supreme Court
Date
25 June 2020
Citation
Judgment No. SC 85/20
Neutral Citation
[2020] ZWSC 85
Judgment No.
SC 85/20
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GWAUNZA DCJ
Author
GOWORA JA
Full Bench
GWAUNZA DCJGOWORA JAPATEL JA
Areas of Law
Commercial LawProperty LawCompany LawCivil Procedure
Keywords
Share transferSpecific performanceDefault judgmentCompany sharesProperty ownershipRescission of judgment
Tags
Share transferProperty rightsSpecific performanceCompany law
legislation
Statutes Cited
  • High Court Rules 1971
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether Mrs Muir was properly before the High Court and had rescinded the default judgment against her","issue_type":"procedural","dispositive":"yes","related_facts":"Service of documents, application for rescission, representation by Mr Stevenson"}
  • {"issue_text":"Whether the Gurupiras had established entitlement to transfer of shares in the Company","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, payment compliance, specific performance"}
  • {"issue_text":"Whether Leggett was the sole registered shareholder entitled to assert rights","issue_type":"law","dispositive":"yes","related_facts":"Share transfer agreements, company share register, legal standing"}
  • {"issue_text":"Whether the High Court should have ordered eviction of the Gurupiras","issue_type":"law","dispositive":"no","related_facts":"Property rights, specific performance order, eviction order"}
  • {"issue_text":"Whether there were disputes of fact requiring referral to trial","issue_type":"procedural","dispositive":"no","related_facts":"Material disputes, evidence presented, court findings"}
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background
Facts of the Case

Background

Mrs Muir sold two shares in Earthmoving and Construction Company to the Gurupiras, entitling them to exclusive use of company property. After payment disputes, Mrs Muir sold all shares to Leggett. The Gurupiras obtained default judgment against Mrs Muir for specific performance. The Company sought rescission of this judgment, which was granted, but the main application proceeded. The High Court found for the Gurupiras, ordering share transfer to them and dismissing Leggett's counter-application.
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