NEW CORNER EMPRORIUM (PVT) LTD versus AVERY SPORTS BAR and A MUZEYA

HH 318-24

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Case Details

Court

Harare High Court

Date

30 July 2024

Citation

HH 318-24

Neutral Citation

[2024] ZWHH 318

Outcome

unknown

Case Type

Appeal

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO JTAKUVA J

Areas of Law

Civil ProcedureCompany LawProperty Law

Keywords

Eviction proceedingsCompany resolution validityLis pendensBoard of Directors disputes

Key Issues

{"issue_text":"Whether the company resolution was valid","issue_type":"mixed","dispositive":"yes","related_facts":"Resolution not produced as exhibit, each Director filed separate resolution"}
{"issue_text":"Whether the resolution was properly produced as evidence","issue_type":"fact","dispositive":"yes","related_facts":"No resolution tendered during trial despite discovery"}
{"issue_text":"Whether lis pendens applied to prevent the proceedings","issue_type":"law","dispositive":"no","related_facts":"Cases 698/23, 809/22 and 812/22 were found to be identical"}
{"issue_text":"Whether second respondent was fraudulently appointed as Director","issue_type":"fact","dispositive":"no","related_facts":"Second respondent produced documentation of directorship"}

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background

Facts of the Case

Background

Plaintiff sought to evict defendants from Patric House, Nelson Mandela/Fifth Street Harare. Defendants were given three months to leave on 10 October 2022. The trial magistrate dismissed the eviction claim, finding issues with the validity of the company resolution authorizing the proceedings and other matters.

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