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Harare High Court
The Sheriff of Zimbabwe and Askeland Media & Advertising (Pvt) Ltd v Zimbabwe National Water Authority
HH 535-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 535-18
Neutral Citation
[2018] ZWHH 535
Outcome
unknown
Case Type
Application
Bench
Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil ProcedureCompany Law
Keywords
execution against third partyalter egocorporate personalityjudicial attachment
Tags
executioncorporate veiljudicial attachment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judgment creditor can execute against property of a third party company that is a shareholder in the judgment debtor","issue_type":"law","dispositive":"yes","related_facts":"Askeland Media is a 50% shareholder in the judgment debtor; vehicles belong to Askeland Media"}
- {"issue_text":"Whether the corporate veil can be pierced to hold a shareholder liable for a company's debts","issue_type":"law","dispositive":"yes","related_facts":"Askeland Media is a shareholder, not the sole shareholder; board minutes show separate corporate existence"}
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background
Facts of the Case
Background
The Sheriff of Zimbabwe attached seven vehicles belonging to Askeland Media & Advertising (Pvt) Ltd, a 50% shareholder in Saiss Incorporation (Pvt) Ltd, following a judgment obtained by Zimbabwe National Water Authority against Saiss Incorporation. Askeland Media challenged the attachment, arguing it was a separate legal entity not liable for the judgment debtor's debts.
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