Sekete and 4 Others v African Business Women's Association and Another (224 of 2024) [2024] ZWHHC 224 (5 June 2024)

Sekete and 4 Others v African Business Women's Association and Another (224 of 2024) [2024] ZWHHC 224 (5 June 2024)

The applicants have met the requirements of section 3 of the Class Actions Act for leave to institute a class action. The class is identifiable, the claims have common features, and the first applicant is a suitable representative. The existence of an arbitration clause does not bar the application for leave....

Source-derived case information.

Citation
[2024] ZWHHC 224
Parties
Applicant: Blaman Sekete; Applicant: Grace Pumhu; Applicant: Vimbainashe Mahwiridi; Applicant: Dr. Ayanda Chakawa; Applicant: Felix Witness Mambondiani; Respondent: African Business Women’s Association; Respondent: Shamiso Fred
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
5 June 2024
Case Number
224 of 2024
Procedural Posture
Opposed Court Application for Leave to Institute a Class Action Suit / Ruling on Application for Leave to Institute Class Action
Outcome
Leave granted to institute class action; first applicant appointed as representative; publication and broadcast of notice ordered; costs in the cause.
Legal Topics
Class Actions, Joint Venture Agreements, Unjust Enrichment, Specific Performance
Source Language
english
Civil Procedure Commercial Law Class Actions Joint Venture Agreements Unjust Enrichment Specific Performance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Blaman Sekete

Applicant

Grace Pumhu

Applicant

Vimbainashe Mahwiridi

Applicant

Dr. Ayanda Chakawa

Applicant

Felix Witness Mambondiani

Applicant

African Business Women’s Association

Respondent

Shamiso Fred

Respondent

Procedural Posture

Opposed Court Application for Leave to Institute a Class Action Suit / Ruling on Application for Leave to Institute Class Action

Legal Issues

  1. 1 Whether leave should be granted to institute a class action under the Class Actions Act [Chapter 8:17]
  2. 2 Whether the existence of an arbitration clause in the JVAs bars the application for leave
  3. 3 Whether the applicants have established a prima facie cause of action and a suitable class

Ratio Decidendi

The applicants have met the requirements of section 3 of the Class Actions Act for leave to institute a class action. The class is identifiable, the claims have common features, and the first applicant is a suitable representative. The existence of an arbitration clause does not bar the application for leave. Preliminary objections are dismissed.

Court Disposition

Leave granted to institute class action; first applicant appointed as representative; publication and broadcast of notice ordered; costs in the cause.

Orders

  • Leave granted to applicants to bring a class action against the first and second respondents under the Class Actions Act [Chapter 8:17].
  • First applicant appointed to represent the class of persons concerned in the class action.