1. DOBROCK HOLDINGS (PVT) LTD v TURNER AND SONS (PVT) LTD & ORS 2. Turner and Sons (Pvt) Ltd v Zambezi Paddle Steamer (Pvt) Ltd & Anor 2006 (2) ZLR 353 (H)
Citation | 2006 (2) ZLR 353 (H) |
Case No | HH-128-06 |
Court | High Court, Harare |
Judge | Kudya J |
Heard | 13 July 2006; 1 November 2006 |
Judgment | 6 December 2006 |
Counsel | A P de Bourbon SC, for the applicant in case and for the respondents in case No. 2 |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Company — liquidation — provisional liquidation — application for — disharmony between shareholders of small private company — deadlock reached — provisional liquidation just and equitable
Contract — illegality — agreement between parties involving a contravention of Exchange Control Regulations — contract unenforceable — court cannot be a party to such illegality by ordering specific performance
Contract — performance — mora — no time fixed for performance — mora ex persona — demand by creditor necessary to place debtor in mora
Legal practitioner — conduct and ethics — conflict of interest — counsel for one party having previously been arbitrator in matter between parties — no information acquired which could be used to prejudice the other party — proper for counsel to act
Practice and procedure — recusal — application for — recusal of legal practitioner — opposing legal practitioner previously acting as arbitrator between the parties in an unrelated matter — no prejudice to applicant — application for recusal dismissed
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