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GOVERE v ORDECO (PVT) LTD & ANOR 2013 (2) ZLR 257 (S)

2013 (2) ZLR p257

Citation

2013 (2) ZLR 257 (S)

Case No

Judgment No. S-25-14

Court

Supreme Court, Harare

Judge

Ziyambi JA, Hlatshwayo JA & Patel JA

Heard

23 September 2013

Judgment

23 September 2013

Counsel

T Magwaliba, for the appellant
E T Moyo, for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Company – director – who is – person holding himself out to be a director even if not registered as such – third parties entitled to rely on such representation – liable for acts of company – person who was a party to carrying out of company's business recklessly or with intent to defraud – liability of such person even if not a director

Practice and procedure – execution – attachment – judgment debtor's immovables – entitlement of judgment creditor to attach immovables – no distinction between secured and unsecured creditor – sheriff not entitled to attach immovables unless satisfied that judgment debtor has no or insufficient movable property to satisfy debt

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