The Sheriff for Zimbabwe v Robert Tindwa and Institute of Mining Research

HH 54-18

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Case Details

Court

Harare High Court

Date

7 February 2018

Citation

HH 54-18

Neutral Citation

[2018] ZWHH 54

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Company LawCivil Procedure

Keywords

corporate veil liftingalter egoexecution against propertyseparate legal personality

Key Issues

{"issue_text":"Whether the judgment creditor ought to have first sought the lifting of the corporate veil in terms of s 318(1) of the Companies Act before attaching the property","issue_type":"procedural","dispositive":"no","related_facts":"The claimant contended that separate proceedings were required under s 318(1)"}
{"issue_text":"Whether the corporate veil should be lifted to make the claimant personally liable for the company's debt","issue_type":"mixed","dispositive":"yes","related_facts":"Claimant was sole contact person, operated from residential address, personally undertook to pay debt"}

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background

Facts of the Case

Background

The judgment creditor obtained judgment against Westcott Speciality Chemicals (Pvt) Ltd for $24,421. When attempting execution, the sheriff found no attachable property. Investigations revealed the company was operating from the claimant's residential address, and the claimant was the sole contact person and director/company secretary. The claimant's property was attached, leading to interpleader proceedings where the claimant asserted ownership.

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