Christine Peta versus Edward Buwu and Cristed (Pvt) Ltd

HH 29-13

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Case Details

Court

Harare High Court

Date

7 February 2013

Citation

HH 29-13

Neutral Citation

[2013] ZWHH 29

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Corporate LawCommercial LawCompany Winding Up

Keywords

Winding upCompanies ActShareholder disputeJust and equitablePersonal relationship

Key Issues

{"issue_text":"Whether application is defective for non-compliance with Deeds Registry Act s 79","issue_type":"procedural","dispositive":"no","related_facts":"Application seeks winding up of company owning immovable property"}
{"issue_text":"Whether application complies with High Court Rules rule 250","issue_type":"procedural","dispositive":"no","related_facts":"Procedural requirements for winding up application"}
{"issue_text":"Whether applicant is competent to bring application with two remaining members","issue_type":"procedural","dispositive":"no","related_facts":"Companies Act s 207 requirements for winding up application"}
{"issue_text":"Whether company has \"traded\" within meaning of Companies Act s 206(c)","issue_type":"law","dispositive":"no","related_facts":"Company formed to own property, owns property as only asset"}
{"issue_text":"Whether winding up is just and equitable under Companies Act s 206(g)","issue_type":"law","dispositive":"yes","related_facts":"Breakdown of personal relationship, exclusion from management, loss of confidence"}
{"issue_text":"Whether alternative remedies exist making winding up inappropriate","issue_type":"law","dispositive":"no","related_facts":"Companies Act s 208(2) alternative remedies"}

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background

Facts of the Case

Background

Applicant Christine Peta and first respondent Edward Buwu lived together in a marital union and formed Cristed (Private) Limited with equal shares. The company owns an immovable property where they lived. When their relationship broke down, applicant was excluded from company management and first respondent failed to comply with a court order to pay her USD 300 monthly from rental proceeds. Applicant filed for winding up of the company.

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