Tendai Tarinda v Cake Fairy Pvt Ltd and Kathy Mwanza

HB 163-19

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Case Details

Court

Bulawayo High Court

Date

24 October 2019

Citation

HB 163-19

Neutral Citation

[2019] ZWHB 163

Judgment No.

HB 163/19

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Company LawCivil Procedure

Keywords

provisional liquidationurgencycompany winding upjust and equitable

Key Issues

{"issue_text":"Whether the application for provisional liquidation is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant excluded since August 2019, discovered new company September 2019, filed October 2019"}

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background

Facts of the Case

Background

The applicant, a co-director and shareholder of Cake Fairy Pvt Ltd, sought urgent provisional liquidation of the company claiming he had been excluded from its management since August 2019. He discovered in September 2019 that his co-director (2nd respondent) had incorporated a similar company in Harare. The court found the matter was not urgent as the exclusion occurred two months prior.

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