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Harare High Court
Michelle Osvaldo Filannino v Theresa Grimmel N.O and Newton Jaravani and Master of the High Court N.O
HH 532-21
Case Details
Court
Harare High Court
Date
29 September 2021
Citation
HH 532-21
Neutral Citation
[2021] ZWHH 532
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Company LawCorporate RecoveryJudicial Management
Keywords
Judicial Manager RemovalCompany LiquidationAsset TransferBreach of Duty
Tags
Judicial ManagementCompany LawCorporate Recovery
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Deeds Registries Act [Chapter 20:05] (inferred)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Theresa should be removed as judicial manager for failure to perform duties and violating law","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to perform duties, violation of statutory provisions, unauthorized sale of assets"}
- {"issue_text":"Whether company should be liquidated given its financial position","issue_type":"mixed","dispositive":"yes","related_facts":"Asset value, creditor claims, prospects of recovery"}
- {"issue_text":"Whether caveat should be placed on property title to prevent transfer","issue_type":"procedural","dispositive":"no","related_facts":"Unlawful sale of property, need to protect company assets"}
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background
Facts of the Case
Background
Michelle Osvaldo Filannino, holding 70% shares in Harare Produce Sales (Pvt) Ltd, applied for removal of Theresa Grimmel as judicial manager. Theresa had failed to perform her duties, violated statutory provisions, and improperly sold company property without court approval. Theresa counter-applied for company liquidation.
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