ZIMBABWE DEVELOPMENT BANK and INTERNATIONAL FINANCE CORPORATION v DAVID JOHN SCOTT and PRICEWATERHOUSE COOPERS BUSINESS SERVICES (PRIVATE) LIMITED and THE MASTER OF THE HIGH COURT and COMMERCIAL BANK OF ZIMBABWE and INTRACHEM (PRIVATE) LIMITED and TUDOR HOUSE CONSULTANTS and INDUSTRIAL SANDS (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the second applicant is properly before the court given the affidavit authorization issues","issue_type":"procedural","dispositive":"no","related_facts":"The affidavit was deposed to by an employee of the first applicant, and an \"Affirmation of Affidavit\" was provided by an authorized signatory whose capacity was not established"}
• {"issue_text":"Whether the application should have been brought as a review and whether it is out of time","issue_type":"procedural","dispositive":"yes","related_facts":"The account was confirmed on 29 September 2004, and the application was launched on 18 November 2005, outside the eight-week period"}
• {"issue_text":"Whether the court has power to re-open a confirmed distribution account after dividends have been paid","issue_type":"law","dispositive":"yes","related_facts":"Dividends were paid to creditors under the confirmed account"}

Background