Matthew Tangenhamo Chitakunye v Master of the High Court N.O and Claudious Nhemwa N.O and Frozenburg (Pvt) Ltd

HH 549-24

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Case Details

Court

Harare High Court

Date

25 November 2024

Citation

HH 549-24

Neutral Citation

[2024] ZWHH 549

Outcome

unknown

Case Type

Review

Bench

Presiding

Chilimbe J

Full Bench

Chilimbe J

Areas of Law

Insolvency LawAdministrative Law

Keywords

corporate rescue practitionerinvestigationbiasirrationalityremoval

Key Issues

{"issue_text":"Whether the Master failed to conduct a proper investigation under section 79(4) of the Insolvency Act","issue_type":"procedural","dispositive":"yes","related_facts":"Master's dismissal of complaint without hearing"}
{"issue_text":"Whether the Master demonstrated bias in favor of the practitioner","issue_type":"procedural","dispositive":"yes","related_facts":"Master's cursory dismissal of allegations"}
{"issue_text":"Whether the Master's decision was irrational","issue_type":"law","dispositive":"yes","related_facts":"Failure to consider conflict of interest and reporting obligations"}

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background

Facts of the Case

Background

Applicant, a landowner, contracted with Frozenburg (Pvt) Ltd for land development. Frozenburg failed to perform and was placed under corporate rescue in December 2019. Applicant complained to the Master about the corporate rescue practitioner's performance and sought his removal. The Master refused. Applicant brought this review application challenging the Master's decision.

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