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Bulawayo High Court
Leo Khoza and Calvin Mapiye and Secam Productions Private Limited v Joshua Mpofu
HB 3/24
Case Details
Court
Bulawayo High Court
Date
4 January 2024
Citation
HB 3/24
Neutral Citation
[2024] ZWHB 3
Outcome
unknown
Case Type
Application
Bench
Presiding
TAKUVA J
Full Bench
TAKUVA J
Areas of Law
Company LawCommercial Law
Keywords
derivative actionlocus standishareholdersdirectorssuspension
Tags
derivative actioncompany lawshareholder disputedirectors' suspension
legislation
Statutes Cited
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have locus standi to bring a derivative action","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' alleged shareholding status"}
- {"issue_text":"Whether there are material disputes of fact requiring trial","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over shareholding and documentary proof"}
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background
Facts of the Case
Background
The applicants, who claimed to be directors and shareholders of Secam Productions (Pvt) Ltd, sought a declaratory order and derivative action for damages. They alleged their suspension as directors was unlawful and sought various reliefs including damages. The respondent contested their shareholder status and raised preliminary points.
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