James Makamba v Kestrel Corporation (Pvt) Ltd (Under Provisional Judicial Management) & 2 Ors

HB 75/19

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Case Details

Court

Bulawayo High Court

Date

16 May 2019

Citation

HB 75/19

Neutral Citation

[2019] ZWHB 75

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Company LawCommercial Law

Keywords

Judicial ManagementProvisional OrderLocus StandiCompanies Act

Key Issues

{"issue_text":"Did the 2nd and 3rd respondents have locus standi to apply for the provisional judicial management order?","issue_type":"procedural","dispositive":"yes","related_facts":"The cession of debt rights without consent; pending litigation on validity of cession"}
{"issue_text":"Whether the requirements for judicial management under section 300 of the Companies Act have been met","issue_type":"mixed","dispositive":"yes","related_facts":"Company's inability to pay debts; probability of viability"}

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Facts of the Case

Background

The applicant, a member and director of the 1st respondent company, sought to discharge a provisional judicial management order granted on 19 March 2019, arguing that the 2nd and 3rd respondents lacked locus standi as they were not valid creditors due to an invalid cession of debt rights. The 1st respondent company was placed under provisional judicial management following an ex parte application by the 2nd and 3rd respondents.

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