Company Records Access and Estate Administration

Carol Ann Correia v Nicolia Foster & 3 Others (HC 1873/2003)

Case Summary

CourtHigh Court of Zimbabwe

JudgeCheda J

PartiesCarol Ann Correia vs Nicolia Foster and Three Others

TypeApplication for Access to Company Records

Core IssueAccess to company records and estate administration rights

OutcomeApplication dismissed with ordinary costs

Applicant divorced from Jose Graca Correia in 1981 after 11 years of marriage
Two children from marriage (Michelle and Miguel) – both deceased
First respondent had child with Miguel (out of wedlock)
Second respondent is family company built by Jose
Michelle bequeathed entire estate to applicant
Applicant claims 50% shareholding in second respondent
Third respondent is company director and executor of estate
O.D. Mennie (nominated executor dative) is deceased
Strained relationship between applicant and first respondent

Legal Principles & Considerations

The court emphasized several key legal principles:

Requirements for locus standi
Rules regarding citation of Master of High Court (Rule 248)
Requirements for company shareholding matters (Rule 250)
Peremptory nature of procedural rules
Principles for awarding costs on attorney-client scale
Requirements for estate administration proceedings

Court's Analysis & Reasoning

The court found several procedural defects:

Unclear legal standing of applicant
Failure to cite Master of High Court
Failure to cite Registrar of Companies
Non-compliance with peremptory provisions
Procedural requirements for estate matters not met
Rules regarding company shareholding matters not followed

Final Orders & Implications

The court ordered:

Dismissal of the application
Costs awarded on ordinary scale

Key Implications:

Reinforces importance of proper party citation
Emphasizes mandatory nature of procedural rules
Establishes threshold for higher scale costs
Highlights importance of clear legal standing
Demonstrates court’s approach to family business disputes