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Harare High Court
ZIMCENT CONSTRUCTION COMPANY (PVT) LIMITED v IMRAN IQBAL
HH349-13
Case Details
Court
Harare High Court
Date
9 October 2013
Citation
HH349-13
Neutral Citation
[2013] ZWHH 349
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MANGOTA J.
Full Bench
MANGOTA J.
Areas of Law
Companies ActCivil Procedure
Keywords
Non-existent companyWrong partyAttachment of propertyDefault judgment
Tags
Company LawInvalid ProcessDefault Judgment
legislation
Statutes Cited
- Rules of the High Court
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judgment obtained against a non-existent company is valid and enforceable against a different, existing company.","issue_type":"law","dispositive":"yes","related_facts":"The respondents sued a non-existent company and obtained a default judgment. They are now attempting to attach the property of the applicant, a different, registered company."}
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background
Facts of the Case
Background
The respondent obtained a default judgment against a non-existent company, Zimcent Contractors and Engineers (Pvt) Ltd. The applicant, Zimcent Construction Company (Pvt) Ltd, which is a registered company, is seeking to prevent the respondent from attaching its property in satisfaction of that judgment.
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