ON POINT RESOURCES (PRIVATE) LIMITED v SONKIN RESOURCES (PRIVATE) LIMITED & 8 ORS

HH 69-21

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Case Details

Court

Harare High Court

Date

10 February 2021

Citation

HH 69-21

Neutral Citation

[2021] ZWHH 69

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Commercial lawAdministrative law

Keywords

IndigenizationReserved sectorDeclaratory orderForeign ownershipRetail trade

Key Issues

{"issue_text":"Whether applicant has direct and substantial interest required for declaratory order","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's commercial competition with first respondent"}
{"issue_text":"Whether first respondent is operating in reserved sector without permit","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of cyanide sales, lack of evidence"}
{"issue_text":"Whether section 14 of High Court Act allows declaratory in these circumstances","issue_type":"law","dispositive":"yes","related_facts":"Nature of applicant's interest"}

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background

Facts of the Case

Background

Applicant, a Zimbabwean-owned company, sought a declaratory order that first respondent (a company with Chinese directors and minority Zimbabwean shareholding) was contravening indigenization laws by operating in the reserved retail sector. Applicant alleged first respondent was selling cyanide products without proper permits and using a Zimbabwean as a front.

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