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Harare High Court
Smoke End Motors (Pvt) Ltd v Treat and Company
HH 354-24
Case Details
Court
Harare High Court
Date
19 August 2024
Citation
HH 354-24
Neutral Citation
[2024] ZWHH 354
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Commercial litigationCivil procedure
Keywords
incorrect citationnon-existent partylease disputerental arrears
Tags
landlord-tenantlease agreementparty citation
legislation
Statutes Cited
- High Court of Zimbabwe (Commercial Division) Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether proceedings are null and void due to citation of a non-existent defendant","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff cited \"Treat and Company\" which does not exist as a legal entity"}
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background
Facts of the Case
Background
Plaintiff sued defendant for rental arrears under a lease agreement but incorrectly cited the defendant as "Treat and Company" instead of "Treat and Company (Pvt) Ltd". Defendant raised a preliminary point that the proceedings were a nullity due to citation of a non-existent legal entity.
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