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Harare High Court
John Mafungei Chikura N.O. (Deposit Protection Corporation) (In his capacity as liquidator of Royal Bank Zimbabwe Limited) v Peter Simhanga Chikumba & 8 Ors
HH 91-18
Case Details
Court
Harare High Court
Date
16 February 2018
Citation
HH 91-18
Neutral Citation
[2018] ZWHH 91
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Banking lawCompany lawCivil procedure
Keywords
banking licenceliquidator appointmentBanking ActCompanies Actlocus standi
Tags
banking lawliquidationlocus standispecial plea
legislation
Statutes Cited
- Banking Act
- Companies Act
- Deposit Protection Corporation Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff has locus standi to bring this action given that Royal Bank's banking licence was surrendered","issue_type":"procedural","dispositive":"yes","related_facts":"Licence surrendered 27 July 2012; appointment under Companies Act"}
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background
Facts of the Case
Background
The plaintiff, appointed liquidator of Royal Bank Zimbabwe Limited, sued defendants for reckless management and sought declaration of personal liability. Defendants raised a special plea arguing the plaintiff lacked locus standi because Royal Bank's banking licence had been surrendered, making the Banking Act inapplicable and the liquidator appointment invalid.
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