SC 17-14 - HICKEY v DMC HOLDINGS (PVT) LTD & ORS

ANTHONY HICKEY

v

  1.  DMC HOLDINGS (PRIVATE) LIMITED (2) CHRISTMAS GIFT (PRIVATE) LIMITED (3) ROGERIO BARBOSA AZEVEDO DE SA (4) NATIONAL SOCIAL SECURITY AUTHORITY    

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWE JA & PATEL JA

HARARE, FEBRUARY 14, 2014

Mr T. Mpofu, for the appellant

Mr P. Ranchod, for the first, second & third respondents

Mr F. Girach, for the fourth respondent

 

ZIYAMBI JA: This is an appeal against a decision of the High Court dismissing an urgent application brought by the appellant in which he sought certain interim relief.

The learned judge found firstly, that the matter was not urgent, and secondly, that the appellant had no locus standi to make the application.

The facts which are common cause are that the appellant holds a 30% shareholding in the first respondent.  The first respondent, in turn, is a 100% shareholder in the second respondent.  It is also common cause that the only asset of the first respondent are its shares in the second respondent and that the only asset of the second respondent is the land the subject of the litigation before the High Court.

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