Finwood Investments (Private) Limited v Tetrad Holdings Limited and Tetrad Investment Bank Limited

Key Issues

• {"issue_text":"Whether the agreement was an instalment sale of land falling under Contractual Penalties Act","issue_type":"mixed","dispositive":"no","related_facts":"Agreement titled \"AGREEMENT OF SALE OF SHARES\", shares were subject of sale, companies own immovable properties"}
• {"issue_text":"Whether first respondent had capacity to sell shares it did not own","issue_type":"law","dispositive":"yes","related_facts":"First respondent not owner of shares, second respondent was actual owner, agreement entered without second respondent"}
• {"issue_text":"Whether first and second respondents should be treated as single entity","issue_type":"law","dispositive":"no","related_facts":"Both share \"Tetrad\" name, first respondent's letter referred to both, no evidence of fraud or improper conduct"}

Background