WFD NETWORK (PRIVATE) LIMITED v J.W. JAGGER WHOLESALES (PRIVATE) LIMITED

HH 195-12

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Case Details

Court

Harare High Court

Date

30 September 2010

Citation

HH 195-12

Neutral Citation

[2012] ZWHH 195

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIWESHE JP

Full Bench

CHIWESHE JP

Areas of Law

Insolvency LawCompany Law

Keywords

winding upinability to pay debtscommercial insolvencydemand for payment

Key Issues

{"issue_text":"Whether the respondent is unable to pay its debts within the meaning of s 205(a) of the Companies Act","issue_type":"law","dispositive":"yes","related_facts":"Debt amount, demand, non-payment, provision of security"}
{"issue_text":"Whether the court should exercise its discretion to refuse a winding up order even if grounds for liquidation are established","issue_type":"law","dispositive":"yes","related_facts":"Provision of security, negotiations, potential abuse of process"}

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background

Facts of the Case

Background

The applicant supplied goods to the respondent from 2009, resulting in a debt of $698,408.07. A demand for payment was made on 18 March 2010, which was not satisfied. The respondent admitted the debt but claimed it had assets and had offered security, and that the application was an attempt to influence failed share acquisition negotiations.

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