Ofer Sivan v Gilad Shabtai and Munyaradzi Gonyora and The Master of the High Court N.O. and Alexious Dera N.O.

Key Issues

• {"issue_text":"Does Adlecraft Investments (Private) Limited have only issued 20 shares?","issue_type":"factual","dispositive":"no","related_facts":"Company incorporation documents, share certificates"}
• {"issue_text":"Is the applicant a 100% shareholder of Adlecraft Investments (Pvt) Ltd?","issue_type":"factual","dispositive":"no","related_facts":"Share transfer documents, shareholder agreements, ZIA license information"}
• {"issue_text":"Whether the resolution dated 1st October 2021 is a nullity?","issue_type":"legal","dispositive":"yes","related_facts":"Section 196(1) COBE requirements, number of directors who signed"}
• {"issue_text":"Whether the resolution dated 1st October 2021 under CRP3/21 should be set aside?","issue_type":"legal","dispositive":"yes","related_facts":"Invalidity of resolution"}
• {"issue_text":"Whether the appointment of fourth respondent as corporate rescue practitioner should be set aside?","issue_type":"legal","dispositive":"yes","related_facts":"Resolution invalidity, appointment based on invalid resolution"}
• {"issue_text":"Whether the first respondent should be interdicted from holding himself out as a holder of equity?","issue_type":"legal","dispositive":"no","related_facts":"Parties did not address this issue in submissions"}

Background