Shaka Hills Farm (Private) Limited v Zimbabwe Leaf Tobacco Company (Pvt) Ltd

HH 733-18

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Case Details

Court

Harare High Court

Date

7 November 2018

Citation

HH 733-18

Neutral Citation

[2018] ZWHH 733

Outcome

unknown

Case Type

Application

Bench

Presiding

Tsanga J

Full Bench

Tsanga J

Areas of Law

Company LawCorporate Rescue Proceedings

Keywords

Judicial ManagementCompanies ActSection 177Section 305Section 306Section 307Section 308Section 274

Key Issues

{"issue_text":"Whether Mr Kurauone should be replaced as judicial manager for failing to disclose his previous appointment","issue_type":"mixed","dispositive":"yes","related_facts":"Kurauone appointed in previous withdrawn application; new application filed without disclosure"}
{"issue_text":"Whether the respondent qualifies as a creditor given the alleged violation of section 177","issue_type":"law","dispositive":"no","related_facts":"Loan made to director personally; company guaranteed personal loan"}

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background

Facts of the Case

Background

Shaka Hills Farm (Private) Limited applied for confirmation of final judicial management. The respondent opposed not the judicial management itself, but the retention of Mr Antiock Kurauone as judicial manager, alleging lack of probity and failure to disclose his previous appointment in a withdrawn application. The court found the objections insufficient to warrant replacement.

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