Soneni Ndlovu v B.D.P Investments (Pvt) Ltd & 6 Ors

HB 112/24

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Case Details

Court

Bulawayo High Court

Date

29 August 2024

Citation

HB 112/24

Neutral Citation

[2024] ZWHB 112

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Siziba J

Full Bench

Siziba J

Areas of Law

Corporate LawInsolvency LawCompany Law

Keywords

Corporate rescueBusiness rescue practitionerExecutrix dativeShareholder disputeFraudulent appointmentInterdict

Key Issues

{"issue_text":"Whether the applicant has locus standi to bring this application without leave under section 126 of the Insolvency Act","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is Executrix Dative, company under corporate rescue"}
{"issue_text":"Whether the corporate rescue resolution is valid when applicant was not notified as required by section 122(5)","issue_type":"mixed","dispositive":"yes","related_facts":"Resolution passed without notifying applicant"}
{"issue_text":"Whether the appointment of business rescue practitioner should be interdicted pending HC (Summ) 64/23","issue_type":"mixed","dispositive":"yes","related_facts":"Pending action challenges legitimacy of directors who passed resolution"}

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background

Facts of the Case

Background

The applicant, as Executrix Dative of the estate of the late Memory Ngwenya (sole shareholder and director of 1st respondent), seeks to interdict the appointment of a business rescue practitioner for the company. The 2nd-4th respondents, who are disputed directors/shareholders, passed a resolution placing the company under corporate rescue while litigation challenging their legitimacy is pending.

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