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Supreme Court
Reggie Saruchera (in his capacity as Judicial Manager for Agrifoods (Private) Limited, Cresta Poultry Group (Private) Limited and Manicaland Farmers Co-op (Private) Limited) v Silo Foods Industries (2) CFI Holdings Limited (3) Master of the High Court
SC 104/20
Case Details
Court
Supreme Court
Date
17 July 2020
Citation
SC 104/20
Neutral Citation
[2020] ZWSC 104
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKARAU JA
Full Bench
MAKARAU JAHLATSHWAYO JAMAKONI JA
Areas of Law
Company lawCivil procedure
Keywords
Judicial managerCreditors meetingInterdictReviewBidding process
Tags
Judicial managementCreditors meetingInterdictReview application
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court a quo erred in granting order not sought by parties","issue_type":"procedural","dispositive":"no","related_facts":"Draft order contained grammatical errors and court amended it"}
- {"issue_text":"Whether first respondent had acquiesced to conduct interdicted","issue_type":"factual","dispositive":"no","related_facts":"First respondent submitted fresh bid under protest"}
- {"issue_text":"Whether court a quo erred in granting interdict without prospects of success shown","issue_type":"procedural","dispositive":"no","related_facts":"First respondent did not show review application had prospects"}
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background
Facts of the Case
Background
The appellant, as judicial manager of three companies under judicial management, conducted a bidding process to find investors. After the Master of the High Court ruled that the first respondent's conditional bid was invalid and directed both first and second respondents to submit fresh bids, the first respondent sought and obtained an interim interdict from the High Court restraining implementation of the Master's ruling pending review proceedings.
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