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Harare High Court
Nyaradzo Florence Mahlaba v Matinginde Holdings (Private) Limited
HH 193-18
Case Details
Court
Harare High Court
Date
28 March 2018
Citation
HH 193-18
Neutral Citation
[2018] ZWHH 193
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Muremba J
Full Bench
Chitakunye JMuremba J
Areas of Law
Civil ProcedureContract LawCompany Law
Keywords
JurisdictionLocus standiLease agreementPrivity of contractHolding companySubsidiary
Tags
Contract LawJurisdictionLocus StandiPrivity of Contract
legislation
Statutes Cited
- Magistrates Court Act
- Magistrates Court Act
- Magistrates Court Act
- Magistrates Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the Magistrates Court at Gweru has jurisdiction to hear the matter","issue_type":"procedural","dispositive":"no","related_facts":"Lease signed at Gweru; rental payments to be made at Gweru; property in Harare"}
- {"issue_text":"Whether the respondent has locus standi to sue on a contract entered into by its subsidiary","issue_type":"procedural","dispositive":"yes","related_facts":"Contract between appellant and Allu-Mix Investments (Pvt) Ltd; respondent is holding company"}
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background
Facts of the Case
Background
The respondent sued the appellant for arrear rentals relating to a lease agreement originally entered into with Allu-Mix Investments (Pvt) Ltd, a subsidiary of the respondent. The appellant raised preliminary objections regarding the court's jurisdiction and the respondent's locus standi to sue on a contract to which it was not a party.
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