CORRECT DUBE T/A BRIGHT MINING SYNDICATE v Mashiri (79 OF 2025) [2025] ZWHHC 79 (12 February 2025)

CORRECT DUBE T/A BRIGHT MINING SYNDICATE v Mashiri (79 OF 2025) [2025] ZWHHC 79 (12 February 2025)

Correct Dube, trading as Bright Mining Syndicate, has locus standi as he has a direct and substantial interest in the subject matter and is entitled to sue under his trade name despite the dissolution of the partnership.

Citation
[2025] ZWHHC 79
Parties
Plaintiff: Correct Dube t/a Bright Mining Syndicate; Defendant: Simbarashe Gerald Mashiri
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 February 2025
Case Number
79 OF 2025
Procedural Posture
Civil Trial / Preliminary Objection on Locus Standi
Outcome
Preliminary objection dismissed with costs
Legal Topics
Locus Standi, Legal Persona, Citation of Parties, Partnership Law
Source Language
English
Civil Procedure Locus Standi Legal Persona Citation of Parties Partnership Law

Case Brief

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Parties

Correct Dube t/a Bright Mining Syndicate

Plaintiff

Simbarashe Gerald Mashiri

Defendant

Procedural Posture

Civil Trial / Preliminary Objection on Locus Standi

Legal Issues

  1. 1 Whether the plaintiff has locus standi to sue
  2. 2 Whether the plaintiff is a legal persona capable of suing

Ratio Decidendi

Correct Dube, trading as Bright Mining Syndicate, has locus standi as he has a direct and substantial interest in the subject matter and is entitled to sue under his trade name despite the dissolution of the partnership.

Court Disposition

Preliminary objection dismissed with costs

Orders

  • The preliminary point raised by the defendant challenging the locus standi of the plaintiff is dismissed with costs.