Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the third respondent had authority to transfer the properties from the second applicant to the first respondent","issue_type":"law","dispositive":"yes","related_facts":"Fraudulent CR14 filing, breach of cession agreement, statutory requirements"}
• {"issue_text":"Whether the applicants are estopped from denying the third respondent's authority due to their inaction","issue_type":"law","dispositive":"no","related_facts":"Four-year delay in filing proceedings, cooperation with third respondent"}
• {"issue_text":"Whether the seventh respondent acquired the properties as a bona fide purchaser for value","issue_type":"law","dispositive":"yes","related_facts":"Fraudulent nature of original transfer, void ab initio nature of transfers"}
• {"issue_text":"Whether the transfers contravened section 183(1)(b) of the Companies Act","issue_type":"law","dispositive":"yes","related_facts":"Properties constituting whole undertaking, lack of shareholder resolution"}

Background