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Harare High Court
Shelter Incorporated (Private) Limited v Sheltersol Holdings (Private) Limited & 4 Ors
HH 628-18
Case Details
Court
Harare High Court
Date
10 October 2018
Citation
HH 628-18
Neutral Citation
[2018] ZWHH 628
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Company lawIntellectual property lawTrade name protection
Keywords
Company name registrationSection 24 Companies ActTrade name confusionDomestic remedies
Tags
Company name disputeIntellectual propertyTrade name protection
legislation
Statutes Cited
- Companies Act
- Companies Act
- Companies Act
- Companies Act
- Companies Act
- Companies Act
- Private Business Corporations Act
- Commissions of Inquiry Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant exhausted domestic remedies under section 24(7) of Companies Act before approaching court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to approach Registrar within 12 months"}
- {"issue_text":"Whether existence of prior \"Shelter\" users affects applicant's right to relief","issue_type":"law","dispositive":"yes","related_facts":"Shelter Afrique and Dialogue on Shelter existed before applicant"}
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background
Facts of the Case
Background
The applicant, Shelter Incorporated (Private) Limited, sought an order compelling four respondent companies to change their names which contained the word "Shelter", alleging breach of section 24(2) of the Companies Act. The respondents raised two points in limine: that the applicant failed to exhaust domestic remedies and that there were prior entities using the name "Shelter".
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