Wenzhou Enterprises v Chen Shaoling (HC 4638 of 2013) [2015] ZWHHC 61 (20 January 2015)

Wenzhou Enterprises v Chen Shaoling (HC 4638 of 2013) [2015] ZWHHC 61 (20 January 2015)

The respondent submitted to the jurisdiction of the court by failing to raise the jurisdictional objection at the earliest opportunity and pleading to the merits. However, there are material disputes of fact that cannot be resolved on the papers, warranting dismissal of the application.

Citation
[2015] ZWHHC 61
Parties
Applicant: Wenzhou Enterprises; Respondent: Chen Shaoling
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 January 2015
Case Number
HC 4638 of 2013
Procedural Posture
Opposed Application / Ruling on Points in Limine
Outcome
application dismissed
Legal Topics
Jurisdiction, Interdicts, Shareholding Disputes, Material Disputes of Fact
Source Language
English
Civil Procedure Company Law Jurisdiction Interdicts Shareholding Disputes Material Disputes of Fact

Case Brief

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Parties

Wenzhou Enterprises

Applicant

Chen Shaoling

Respondent

Procedural Posture

Opposed Application / Ruling on Points in Limine

Legal Issues

  1. 1 Whether the court has jurisdiction over a peregrinus respondent
  2. 2 Whether there are material disputes of fact that preclude determination on affidavit evidence

Ratio Decidendi

The respondent submitted to the jurisdiction of the court by failing to raise the jurisdictional objection at the earliest opportunity and pleading to the merits. However, there are material disputes of fact that cannot be resolved on the papers, warranting dismissal of the application.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant to pay the respondent’s costs.