Patterson Fungayi Timba and Renaissance Financial Holdings Ltd v Professor C.J. Chetsanga and Collin Kuhuni and Monica Maitirwa Mukonoweshuro

Key Issues

• {"issue_text":"What is the legal effect of Section 54 of the Banking Act when a banking institution is placed under curatorship?","issue_type":"law","dispositive":"yes","related_facts":"RMB placed under curatorship, curator appointed"}
• {"issue_text":"Does the curator have sole power to permit directors/officers/shareholders to exercise their powers?","issue_type":"law","dispositive":"yes","related_facts":"Appointment of curator under s 54(1)"}
• {"issue_text":"Can litigation proceed against a bank under curatorship without High Court leave?","issue_type":"law","dispositive":"yes","related_facts":"s 54(2)(a) stay of proceedings"}
• {"issue_text":"Is the doctrine of set-off suspended against a bank under curatorship?","issue_type":"law","dispositive":"yes","related_facts":"s 54(2)(b) suspension of set-off"}

Background