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Harare High Court
Mariyoma Trust v Tradcle Enterprises (Pvt) Limited & 2 Ors
HH 243-23
Case Details
Court
Harare High Court
Date
12 April 2023
Citation
HH 243-23
Neutral Citation
[2023] ZWHH 243
Outcome
unknown
Case Type
Application
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Civil ProcedureTrust LawContract Law
Keywords
Trust legal personalityException to declarationLocus standiCause of action
Tags
Trust locus standiException procedureCause of action
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 1971 (repealed)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether trusts have locus standi to sue and be sued in their own names under the new High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff and third defendant are trusts"}
- {"issue_text":"Whether the declaration discloses a cause of action against the second and third defendants","issue_type":"law","dispositive":"yes","related_facts":"Second defendant received payments; third defendant not mentioned in agreement"}
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background
Facts of the Case
Background
Plaintiff trust claimed refund of US$532,000 from property sale termination. Defendants excepted on basis that trusts lack legal personality and no cause of action against second and third defendants.
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