The Right Investments (Private) Limited v Gilbert Muponda and Nyasha Watyoka and Kunze Kwayedza Enterprises (Private) Limited and Phillipa Ann Coumbis and The Registrar of Deeds and The Registrar of Companies and Other Business Entities

HH 874-22

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Case Details

Court

Harare High Court

Date

7 December 2022

Citation

HH 874-22

Neutral Citation

[2022] ZWHH 874

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Company LawCivil Procedure

Keywords

Suspension of executionRescission of judgmentCorporate directorshipShareholder disputes

Key Issues

{"issue_text":"Whether the application has merit for suspension of execution pending rescission","issue_type":"mixed","dispositive":"yes","related_facts":"Judgment reverses transfer of property; thirteen-day delay; allegations of fraud"}
{"issue_text":"Whether the matter is urgent given the thirteen-day delay","issue_type":"procedural","dispositive":"no","related_facts":"Application filed thirteen days after awareness"}
{"issue_text":"Whether the applicant's representatives are properly authorized","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over directorship and shareholding"}

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background

Facts of the Case

Background

The applicant company sought suspension of execution of a judgment obtained on 14 September 2022 in Case No HC 5385B/22, pending determination of its rescission application under HC 7557/22. The dispute centered on control of the company, with allegations that the first and second respondents had improperly regained directorship and were acting without proper authorization.

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