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Legal Personality re: Lifting Corporate Veil, Personal Liability of Directors, Alter Ego & Fiction of Separate Legal Entity

Appealed
HH34-12 : CHRISTIANE KWEDZA (nee MARTIN) vs MUSA KWEDZA
Ruled By: CHITAKUNYE J

The plaintiff and defendant were joined in holy matrimony in terms of the Marriages Act [Chapter 5:11] on 8 January 1988 at Harare. Their marriage subsists.Their marriage was blessed with two children who are now adults.During the subsistence of the marriage they acquired both movable and immovable properties.After many years ...
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HB34-09 : NOKUKHANYA MOYO vs ROBERT MOYO
Ruled By: BERE J

Through her declaration, the plaintiff expressed the desire to be awarded a..., 25% share of the value of the Flat, namely, Stand number 585 Bulawayo Township (Share 102 thereof)....,.It is clear to the court that the defendant barricaded himself behind the corporate veil to register the Flat in the name ...
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HH68-10 : ALVIN CRISP vs STELLA MARY MASVIKENI
Ruled By: MUSAKWA J

What remains in contention is 66 Seke Road, where the plaintiff is involved in the business of manufacturing cement bricks. This was the business that was incorporated in 1988. The plaintiff's contention is that this was not a family business as he formed it in partnership with the late Steven Madovi after he and the defendant separated. ...
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SC25-14 : DAVID GOVERE vs ORDECO (PRIVATE) LIMITED and REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, HLATSHWAYO JA and PATEL JA

Following argument on the merits of the appeal, the Court unanimously dismissed the appeal with costs, except in relation to the fifth ground of appeal. The reasons for our decision are as follows. BACKGROUND This is an appeal against the whole judgment of the High Court in Case No. HC9257/12 handed down on 5 ...
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HH231-10 : AGRICULTURAL BANK OF ZIMBABWE LTD t/a AGRIBANK vs NICKSTATE INVESTMENTS (PVT) LTD and RICHARD MAKWARA and PLAXEDES MAKWARA
Ruled By: GOWORA J

The second and third defendants are husband and wife and the only Directors of the first defendant. The plaintiff has prayed, as against the two, for an order lifting the corporate veil and for judgment against them jointly and severally with the first defendant, on the basis that they cannot be divorced from the latter.The first ...
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HH373-13 : KEEFEX INVESTMENTS and ARENSON INVESTMENTS (PVT) LTD vs WEDZERA PETROLEUM (PVT) LTD and ERIC NHODZA and TOBIAS MUPINGA and MUKAI MAHACHI
Ruled By: CHIGUMBA J

Dumisani Pitso Murindagomo admitted that there was no application for piercing the corporate veil before the court….,. Lastly, it was submitted, on behalf of the defendants, that the summons and declaration failed to disclose a cause of action against the second, third, and fourth defendants, contrary to the provisions of Order 3 Rule 11(c). Order 3 ...
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HB23-11 : REGINA GUMBO vs COMPANY WHITE SPACE SALES (PVT) LTD and ALBERT TONHOMA and STANBIC BANK ZIMBABWE LIMITED
Ruled By: KAMOCHA J

The Bank has already filed a court application wherein it is seeking to have the corporate veil pierced so that the property can be declared to be the sole property of Boniface Tonhoma and executable.
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HH23-15 : FARISAI NANDO and RECSKILL INVESTMENTS (PVT) LTD vs PRIME INVESTMENTS (PVT) LTD Represented by Godwills Masimirembwa and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

The urgent chamber application pitted the applicant on the one hand, and the first and second respondents on the other. The first respondent (hereafter referred to as “Recskill”) was a company. It was the registered owner of the property situate 73 Orange Grove Drive, Highlands, Harare, the subject-matter of the dispute (hereafter referred to ...