Kenias Mafukidze and Ray Tsvakwi and Leonard Chiteka and Twinwart Investments Limited v Masaisai Trust and Reuben Gwatidzi N.O and Dennis Sibanda N.O and Chikomborero Musimwa N.O and Netty Musanhu N.O and The Headmaster – Masaisai Trust N.O and The Master of the High Court

HH 788-18

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Case Details

Court

Harare High Court

Date

28 November 2018

Citation

HH 788-18

Neutral Citation

[2018] ZWHH 788

Outcome

unknown

Case Type

Application

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Trust lawCorporate law

Keywords

Trustee removalTrust deed complianceAGM failureSection 7 Companies and Associations Trustees Act

Key Issues

{"issue_text":"Whether current trustees should be removed for failure to comply with trust deed requirements regarding tenure and AGMs","issue_type":"mixed","dispositive":"yes","related_facts":"Trustees' alleged failure to hold proper AGMs and comply with 3-year tenure limits"}
{"issue_text":"Whether applicants have locus standi to bring application","issue_type":"procedural","dispositive":"no","related_facts":"Second and third applicants are parents of school children"}
{"issue_text":"Whether fourth applicant properly authorized representative","issue_type":"procedural","dispositive":"no","related_facts":"Resolution passed after proceedings instituted"}

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background

Facts of the Case

Background

The applicants, former trustees and parents of children at a school run by Masaisai Trust, sought the removal of current trustees for alleged failure to comply with trust deed requirements regarding tenure limits and annual general meetings. The trust was established in 1999 to create educational facilities and had grown significantly. After the first applicant's resignation after 19 years as trustee, the applicants sought court intervention to remove trustees and appoint an interim board.

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