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Harare High Court
Vision /R4 Corporation v Professional Computer Services and Christopher Andrew Samkange and Assumpta Samkange
HH 630-23
Case Details
Court
Harare High Court
Date
28 November 2023
Citation
HH 630-23
Neutral Citation
[2023] ZWHH 630
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Company LawCivil ProcedurePrescription Law
Keywords
piercing corporate veildirectors' liabilityprescription periodjudgment debtres judicata
Tags
corporate veilprescriptionres judicatajudgment debt
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
- Finance (No.2) Act, 2019
- Companies and Other Business Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim for piercing the corporate veil has prescribed.","issue_type":"procedural","dispositive":"yes","related_facts":"The claim arose from a judgment debt in 2014. The plaintiff instituted proceedings in 2014 and 2019, which were not prosecuted to finality."}
- {"issue_text":"Whether the matter is res judicata.","issue_type":"procedural","dispositive":"no (court did not need to decide this after finding on prescription)","related_facts":"Similar applications were filed under HC 10930/14 (withdrawn) and HC 3350/19 (dismissed)."}
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background
Facts of the Case
Background
The plaintiff obtained a default judgment against the first defendant in 2014. After a nulla bona return of service, the plaintiff sought to pierce the corporate veil to hold the directors personally liable. The defendants raised a preliminary point that the claim had prescribed.
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