Khaya Cement Limited (Formerly known as Lafarge Cement Zimbabwe Limited) v Hhoopwestern Investments (Private) Limited t/a Afrimining and Master of the High Court and The Registrar of Companies

HH 213-24

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Case Details

Court

Harare High Court

Date

14 March 2024

Citation

HH 213-24

Neutral Citation

[2024] ZWHH 213

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Insolvency LawCompany LawCommercial Law

Keywords

Provisional liquidationInability to pay debtsInsolvency ActExecution of judgment

Key Issues

{"issue_text":"Whether the first respondent is unable to pay its debts as envisaged in s 3 of the Insolvency Act","issue_type":"mixed","dispositive":"yes","related_facts":"Debt amount, execution results, absence of nulla bona return"}
{"issue_text":"Whether it is just and equitable to grant the provisional liquidation order","issue_type":"law","dispositive":"yes","related_facts":"Conduct of execution, impact on various stakeholders"}

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background

Facts of the Case

Background

The applicant sought provisional liquidation of the first respondent based on an arbitral award of US$510,979.80 plus interest. After registering the award as a court order, the applicant attached and sold some of the respondent's property that was in its custody, realizing only US$35,318.50. The applicant then alleged the respondent was unable to pay its debts and sought liquidation.

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