DEPOSIT PROTECTION CORPORATION v TREBO & KHAYS (PVT) LTD & ORS 2018 (1) ZLR 684 (H)

2018 (1) ZLR p684

Flynote

Company – liquidation – company placed in liquidation – legal proceedings against company – leave of court required for each specific action against company – legal proceedings by company – liquidator given powers, at time liquidation order granted, to bring or defend proceedings – no requirement thereafter for liquidator to seek leave to institute or defend any proceedings

Practice and procedure – plea – special plea or plea in abatement – need for such plea to be captured in pleadings – not enough to notify other party of intention to raise matter as point in limine – claim that plaintiff had not had leave to bring proceedings – need to raise such defence as a special plea