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Harare High Court

SMM Holdings Pension Fund v Fidelity Life Assurance Company

HH 280-2012

Case Details

Court
Harare High Court
Date
4 July 2012
Citation
HH 280-2012
Neutral Citation
[2012] ZWHH 280
Outcome
unknown
Case Type
Trial

Bench

Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Contract lawPension lawCommercial law
Keywords
Pension fundAsset managementSharesBreach of agreementSet-off
Tags
Pension fund administrationAsset managementBreach of contractSet-off
legislation
Statutes Cited
  • Pensions and Provident Funds Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether defendant breached agreement by not handing over shares","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant withheld shares upon termination; agreement required return of all assets"}
  • {"issue_text":"Whether plaintiff entitled to return of shares","issue_type":"law","dispositive":"yes","related_facts":"Shares belong to plaintiff; defendant breached agreement"}
  • {"issue_text":"Whether defendant entitled to set off alleged debt against share value","issue_type":"law","dispositive":"yes","related_facts":"Defendant claimed ZW$481 million debt; sought to appropriate shares worth ZW$8.5 billion"}
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background
Facts of the Case

Background

The plaintiff pension fund sued the defendant insurance company for breach of an asset management agreement by withholding 40,300 Delta shares and 8,590 Old Mutual shares belonging to the plaintiff upon termination of the mandate. The defendant claimed it was entitled to set off these shares against alleged debts owed by the plaintiff.
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