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Harare High Court

Zameer Gaffer and Zeenat Zameer Gaffer

HH 19/17

Case Details

Court
Harare High Court
Date
13 January 2017
Citation
HH 19/17
Neutral Citation
[2017] ZWHH 19
Outcome
unknown
Case Type
Application

Bench

Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Companies LawCivil Procedure
Keywords
Winding UpProvisional LiquidationLocus StandiShare TransferStatutory Default
Tags
Company LawWinding UpShareholder Dispute
legislation
Statutes Cited
  • Companies Act [Chapter 24:03]
  • Companies Act [Chapter 24:03]
  • Companies Act [Chapter 24:03]
  • Companies Act [Chapter 24:03]
  • Companies Act [Chapter 24:03]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants have locus standi to apply for winding up of the company","issue_type":"procedural","dispositive":"yes","related_facts":"Validity of share transfer, applicants' status as members"}
  • {"issue_text":"Whether the company is liable to be wound up on just and equitable grounds","issue_type":"law","dispositive":"no","related_facts":"Company's failure to hold meetings, default in statutory reports, non-commencement of business"}
  • {"issue_text":"Whether the share transfer documents were valid","issue_type":"fact","dispositive":"yes","related_facts":"Signatures on Annexures D1 and D2, minors' capacity, alleged forgery"}
  • {"issue_text":"Whether the applicants' evidence on purchase price was credible","issue_type":"fact","dispositive":"yes","related_facts":"Contradictory statements ($2.00 vs $150,000)"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, who claimed to have purchased shares in Procadale Investments (Pvt) Ltd, sought to wind up the company on just and equitable grounds, alleging it failed to hold statutory meetings and commence business. The court found the share transfer invalid as it was purportedly signed by minors who lacked capacity, and the applicants' evidence on payment was contradictory and incredible, leading to dismissal for lack of standing.
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