Prorand Enterprises (Private) Limited v Firoza Moosa

[2021] ZWSC 76

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Case Details

Court

Supreme Court

Date

24 June 2021

Citation

[2021] ZWSC 76

Judgment No.

SC 76/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Garwe JA

Full Bench

Garwe JAGuvava JAMathonsi JA

Areas of Law

Company lawCivil procedure

Keywords

Dispute of factDirector removalShareholder statusDeed of settlementTrial referral

Key Issues

{"issue_text":"Whether there were material disputes of fact requiring referral to trial","issue_type":"procedural","dispositive":"yes","related_facts":"Contradictions in respondent's evidence, conflicting share certificates and tax returns"}
{"issue_text":"Whether the deed of settlement resolved the directorship dispute","issue_type":"mixed","dispositive":"no","related_facts":"Deed referred to \"labour damages in lieu of reinstatement\""}
{"issue_text":"Whether the respondent was a shareholder entitled to notice of removal meeting","issue_type":"mixed","dispositive":"no","related_facts":"Tax returns vs share certificates vs witness testimony"}

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background

Facts of the Case

Background

The appellant company removed the respondent as director in July 2016. The respondent challenged her removal in the High Court, claiming she was both a director and shareholder. The High Court found her removal unlawful and ordered reinstatement. The Supreme Court found numerous disputes of fact that were irresolvable on papers alone.

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