Michael Madoroba v SPZ Knitting and Textiles (Private) Limited (Trading as Berina Textiles) and Peter Zhanero and Mrs Zhanero

HH 498-13

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Case Details

Court

Harare High Court

Date

18 December 2013

Citation

HH 498-13

Neutral Citation

[2013] ZWHH 498

Outcome

unknown

Case Type

Application

Bench

Presiding

MTSHIYA J

Full Bench

MTSHIYA J

Areas of Law

Property LawCompany LawInsolvency LawCivil Procedure

Keywords

EvictionTitle validityInsolvencyCorporate personalitySheriff's saleProvisional order

Key Issues

{"issue_text":"Whether the applicant validly acquired title to the property","issue_type":"mixed","dispositive":"yes","related_facts":"Property ownership, insolvency status, execution process"}
{"issue_text":"Whether the respondents' counter-claim for invalidation of title should succeed","issue_type":"mixed","dispositive":"yes","related_facts":"Insolvency laws, corporate personality, provisional order"}
{"issue_text":"Whether the provisional order of 24 June 2002 invalidated the transfer","issue_type":"procedural","dispositive":"no","related_facts":"Service of order, confirmation requirements"}

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background

Facts of the Case

Background

The applicant purchased property at a sheriff's auction in execution of a judgment against Orthosurge (Private) Limited and obtained transfer in 2002. The respondents, who had occupied the property since 2001 based on an agreement with a trustee of the insolvent estate of Machawira (Orthosurge's sole shareholder), resisted eviction claiming the sale was invalid as it violated insolvency laws and a provisional order.

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