In Re: Graphic Age Advertising (HC 4387 of 2007) [2008] ZWHHC 97 (22 October 2008)

In Re: Graphic Age Advertising (HC 4387 of 2007) [2008] ZWHHC 97 (22 October 2008)

The applicant lacked locus standi after resigning and relinquishing his shareholding, failed to invoke the mandatory arbitration clause, and did not satisfy the statutory requirements for provisional judicial management. The application was therefore dismissed with costs on an attorney-client scale.

Citation
[2008] ZWHHC 97
Parties
Company: Graphic Age Advertising; Applicant: L. Mazonde; Respondent: N. Madya
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
22 October 2008
Case Number
HC 4387 of 2007
Procedural Posture
Application for Provisional Judicial Management / Judgment After Hearing Arguments
Outcome
Application dismissed with costs on attorney-client scale.
Legal Topics
Judicial Management, Locus Standi, Arbitration Clauses, Costs
Source Language
English
Company Law Civil Procedure Judicial Management Locus Standi Arbitration Clauses Costs

Case Brief

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Parties

Graphic Age Advertising

Company

L. Mazonde

Applicant

N. Madya

Respondent

Procedural Posture

Application for Provisional Judicial Management / Judgment After Hearing Arguments

Legal Issues

  1. 1 Whether the applicant had locus standi to bring the application for provisional judicial management
  2. 2 Whether the applicant was required to exhaust the arbitration clause in the shareholders' agreement before approaching the court
  3. 3 Whether the requirements for provisional judicial management under section 300 of the Companies Act were satisfied

Ratio Decidendi

The applicant lacked locus standi after resigning and relinquishing his shareholding, failed to invoke the mandatory arbitration clause, and did not satisfy the statutory requirements for provisional judicial management. The application was therefore dismissed with costs on an attorney-client scale.

Court Disposition

Application dismissed with costs on attorney-client scale.

Orders

  • Application for provisional judicial management is dismissed.
  • Applicant to pay costs on attorney-client scale.