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Harare High Court
Luke Adam Munyawarara v Sam Rindai Bhande
HH 190-18
Case Details
Court
Harare High Court
Date
28 March 2018
Citation
HH 190-18
Neutral Citation
[2018] ZWHH 190
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Contract LawCommercial LawCorporate Law
Keywords
Shareholder agreementDividendsPrescriptionContract interpretationCaveat subscriptor
Tags
Contract disputeShareholder agreementDividends
legislation
Statutes Cited
- No statutory provisions were explicitly cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"US$5,000 payment in 2016, dividend entitlement"}
- {"issue_text":"Whether plaintiff is entitled to dividends under shareholder agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Share sale agreement, payment scheme, company resolution"}
- {"issue_text":"How much is plaintiff entitled to","issue_type":"fact","dispositive":"yes","related_facts":"US$19,731 total claimed, US$5,000 paid, interest calculation"}
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background
Facts of the Case
Background
Two brothers were shareholders in Central African Forge Company (Pvt) Ltd through an investment vehicle. Plaintiff sold his 9.9% shareholding to defendant in 2012 for US$94,403. Plaintiff claims US$14,731 in outstanding dividends from before the sale, while defendant argues the claim has prescribed and no dividends were declared.
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