Tichahleyi Mpofu v Zimbabwe Manpower Development Fund

SC 33/24

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Case Details

Court

Supreme Court

Date

18 September 2023

Citation

SC 33/24

Neutral Citation

[2024] ZWSC 33

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

UCHENA JACHATUKUTA JAMWAYERA JA

Areas of Law

Administrative LawCorporate LawCivil Procedure

Keywords

Accounting AuthorityBoard ResolutionRei VindicatioPublic Finance Management Act

Key Issues

{"issue_text":"Whether the respondent's Chief Executive Officer could institute proceedings on behalf of the respondents without need to produce a resolution of the board for this authority","issue_type":"law","dispositive":"yes","related_facts":"CEO deposed to affidavit without board resolution; Board not constituted"}
{"issue_text":"Whether an order for costs on a legal practitioner and client scale against the appellant was justified","issue_type":"law","dispositive":"no","related_facts":"High Court ordered costs on higher scale"}

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background

Facts of the Case

Background

The appellant, a former employee, was ordered to surrender assets to the respondent. He challenged the High Court's decision, arguing the CEO lacked authority to sue without a board resolution. The Supreme Court found the CEO's actions were a nullity as the Board was not constituted and no delegation occurred.

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