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Harare High Court
Marvellous Taruona v Misheck Brine Zvarevadza & 5 Ors and Cobra Security (Private) Limited & 3 Ors
HH 87-2012
Case Details
Court
Harare High Court
Date
21 February 2012
Citation
HH 87-2012
Neutral Citation
[2012] ZWHH 87
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Company lawCivil procedureRes judicataPrescription
Keywords
Director reinstatementShareholdingRes judicataPrescriptionAbuse of court process
Tags
Company lawDirectorsShareholdersRes judicataPrescription
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Legal Aid Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim for directorship is res judicata","issue_type":"procedural","dispositive":"yes","related_facts":"Previous dismissal of reinstatement application in HC 4157/97"}
- {"issue_text":"Whether the plaintiff's claim for directorship has prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Dismissal occurred in 1996, claim brought after 3 years"}
- {"issue_text":"Whether the shareholding claim is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Previous determination in HC 12 625/2000 but appeal pending"}
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background
Facts of the Case
Background
The plaintiff, a former director of Cobra Security (Private) Limited, sought reinstatement as director and recognition of his shareholding. The defendants raised special pleas of res judicata and prescription, arguing that the directorship issue had been finally determined in previous litigation and that the claim had prescribed.
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