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Harare High Court

Mahomed Essof Waqf Trust v Winchmore Investments (Private) Limited

HH 251-2012

Case Details

Court
Harare High Court
Date
13 June 2012
Citation
HH 251-2012
Neutral Citation
[2012] ZWHH 251
Outcome
unknown
Case Type
Application

Bench

Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Company lawCivil procedure
Keywords
Security for costsDormant companyInability to pay costs
Tags
Security for costsCompany lawDormant company
legislation
Statutes Cited
  • Companies Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to security for costs under section 350 of the Companies Act","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent is dormant company with no assets"}
  • {"issue_text":"What is the appropriate amount of security for costs","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's cost estimate of US$20,000"}
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background
Facts of the Case

Background

The respondent company, a dormant entity with no assets save for disputed property, sued the applicant trust. The applicant applied for security for costs under section 350 of the Companies Act, seeking US$20,000 security and a stay of proceedings.
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