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Supreme Court
Sunko Mauritius & Judex Burnett v Versapak Holdings (Private) Limited (In Liquidation) & Cecil Hondo Madondo N.O.
SC 2/22
Case Details
Court
Supreme Court
Date
18 January 2022
Citation
SC 2/22
Neutral Citation
[2022] ZWSC 2
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Malaba CJ
Author
Bhunu JA
Full Bench
Malaba CJBhunu JAChiweshe AJA
Areas of Law
Company LawInsolvency LawCivil Procedure
Keywords
Provisional liquidationLocus standiCourt order complianceWinding up
Tags
Company LawLiquidationCorporate Insolvency
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether appellants had locus standi to oppose final liquidation after failing to comply with mandatory timelines in provisional order","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to file opposition by 19 April 2017; no condonation application filed"}
- {"issue_text":"Whether parties could validly condone breach of court order through consent order without court sanction","issue_type":"procedural","dispositive":"yes","related_facts":"Purported consent order entered without court approval"}
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background
Facts of the Case
Background
The appellants, shareholders of Versapak Holdings (Private) Limited, appealed against the High Court's confirmation of the company's final liquidation. They failed to comply with mandatory timelines to oppose the provisional liquidation order and purported to condone this breach through an invalid consent order.
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