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Harare High Court
TAPSON MADZIVIRE and PHINIAS NGARAVA and JOSEPH DANIEL MUBWANDARIKA and CRUSH SECURITY (PVT) LTD versus MISHECK BRIAN ZVARIWADZWA and COBRA SECURITY (PVT) LTD and THE REGISTRAR OF COMPANIES
HH 74-2005
Case Details
Court
Harare High Court
Date
7 September 2005
Citation
HH 74-2005
Neutral Citation
[2005] ZWHH 74
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU J
Full Bench
MAKARAU J
Areas of Law
Company lawCivil procedure
Keywords
Directors' authorityCorporate personalityBoard resolutionsProper plaintiff ruleLocus standi
Tags
Company lawCorporate governanceDirectors' authorityFoss v Harbottle rule
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have authority to bring this application on behalf of the company","issue_type":"procedural","dispositive":"yes","related_facts":"No board resolution produced; applicants are directors"}
- {"issue_text":"Whether the applicants can bring this application in their personal capacities as directors and shareholders","issue_type":"procedural","dispositive":"yes","related_facts":"Wrong done to company; applicants are majority shareholders"}
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background
Facts of the Case
Background
The applicants, who are directors and shareholders of Crush Security (Pvt) Ltd, brought an application alleging that the first respondent had forged company documents filed with the Registrar of Companies. The application was brought both on behalf of the company and in their personal capacities as directors and shareholders.
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