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Bulawayo High Court
Crispin Mwete N.O. (In his capacity as Corporate Rescue Practitioner of Cold Storage Company (Pvt) Ltd) v Boustead Beef (Pvt) Ltd & 2 Ors
HB 135/23
Case Details
Court
Bulawayo High Court
Date
6 July 2023
Citation
HB 135/23
Neutral Citation
[2023] ZWHB 135
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Corporate rescue lawInsolvency lawContract law
Keywords
Corporate rescue practitionerLivestock Farming Concession AgreementStipulatio alteriPrivity of contractSection 129 Insolvency Act
Tags
Corporate rescueInsolvencyContract suspensionPrivity of contract
legislation
Statutes Cited
- Insolvency Act [Chapter 6:07]
- Insolvency Act [Chapter 6:07]
- Insolvency Act [Chapter 6:07]
- Joint Ventures Act [Chapter 22:22]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a corporate rescue practitioner can suspend an agreement to which the company is not a party","issue_type":"legal","dispositive":"yes","related_facts":"CSC not party to LJFCA"}
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"14-day delay, consequences of non-access"}
- {"issue_text":"Whether there are material disputes of fact","issue_type":"procedural","dispositive":"no","related_facts":"Disputes over appointment and performance"}
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background
Facts of the Case
Background
The applicant, appointed as corporate rescue practitioner of Cold Storage Company (Pvt) Ltd, sought to suspend a Livestock Farming Concession Agreement between the first and second respondents to enable him to investigate CSC's financial status. CSC was placed under corporate rescue in December 2020, and the applicant was appointed in April 2023.
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