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Harare High Court

NU.COM (Private) Limited and Chakany Uka Karase and Matipedza Karase v NU Aero (Private) Limited and Fly Africa Limited and Low Cost Enterprises (Private) Limited

HH 514-17

Case Details

Court
Harare High Court
Date
9 August 2017
Citation
HH 514-17
Neutral Citation
[2017] ZWHH 514
Outcome
unknown
Case Type
Application

Bench

Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Company lawCivil procedure
Keywords
Share transferDefault call optionEdictal citationService outside Zimbabwe
Tags
Shareholder disputeDeclaratory orderService outside jurisdiction
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Act
  • High Court Act
  • Companies Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether leave is required under Order 6 r 44 to serve process outside Zimbabwe on a declaratory application","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent is Mauritius company; service by Fedex without leave"}
  • {"issue_text":"Whether service by courier and email confirmation is valid","issue_type":"procedural","dispositive":"no","related_facts":"Service to South African lawyers; email confirmation of non-opposition"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants sought a declaratory order that they remained 51% shareholders in the first respondent after the second respondent purported to acquire their shares via a default call option clause. The matter was postponed on a point in limine regarding improper service on the Mauritius-incorporated second respondent.
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