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Harare High Court
OS Family Trust v Exodus and Company (Private) Limited & 2 Ors
HH 253-25
Case Details
Court
Harare High Court
Date
9 April 2025
Citation
HH 253-25
Neutral Citation
[2025] ZWHH 253
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Contract LawTrust LawCompany LawCivil Procedure
Keywords
Trust locus standiContractual capacityPrescriptionBoard resolutionDeponent authority
Tags
Trust contractual capacityPrescriptionCompany representationBoard resolution
legislation
Statutes Cited
- High Court Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a trust have contractual capacity to enter into the agreement?","issue_type":"law","dispositive":"no","related_facts":"Applicant is a trust that signed share purchase agreement"}
- {"issue_text":"Has the claim prescribed?","issue_type":"mixed","dispositive":"no","related_facts":"Final payment June 2024, application launched thereafter"}
- {"issue_text":"Is the opposition valid absent a board resolution authorising the deponent?","issue_type":"procedural","dispositive":"yes","related_facts":"Deponent filed opposing affidavit without board resolution"}
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background
Facts of the Case
Background
The applicant trust purchased undivided shares in the 2nd respondent representing flats 37C and 37D, paid USD 60 000 in instalments, tendered final payment in June 2024, but respondents refused transfer alleging breach and cancellation; both sides raised preliminary points.
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