In this matter the applicant filed an urgent chamber application asking for the placement of the 1st respondent in provisional liquidation in terms of section 207 as read with section 206 of the Companies Act Chapter 24:03.
Section 206 provides for circumstances under which a company may be wound up by a court and section 207 provides for how the petition for winding up is presented. Section 206 (g) provides that a company may be wound up by the court if the court is of the opinion that it is just and equitable that the company should be wound up.... More
MOYO J: The plaintiffs in this matter issued summons against the defendant claiming from the defendant a sum of $24 380-00 being a balance due in respect of funds that allegedly plaintiffs invested with the defendant around the month of January 2014. Plaintiffs claim that the investment agreement was mutually agreed between the parties and has since been cancelled by the plaintiffs rendering the balance of the invested sum due to them. They have also claimed costs at an attorney and client scale. More
During their life time, Simon Kubvaruno Nhema (Simon) and his wife Lizie Nhema (Lizzie) were the registered owners of an immovable property known as Lot 5 Sunninghill of Willsgrove, measuring 8,6321 hectares. The property is registered under Deeds of Transfer numbers 2770/85 and 03321/21. Lizzie died in 2005 and Simon died in 2008. The deaths of Simon and Lizzie ignited a wave of appointment of executors, which appointments are the underlying cause of this litigation. On one hand the second respondent contends that on 8 January 2018 and in terms of Letters of Administration number D.R.B.Y. 20/18 he was appointed... More
This is an application wherein the applicant seeks to set aside a sale in execution. The facts of this matter are that applicant’s immovable property namely stand number 131 Douglasdale Township 3 of subdivision 1 of Douglasdale situate in the District of Bulawayo wherein the property was sold by the Sheriff for a sum of $310 000,00 More
On the 15th February 2019 I granted an order on an urgent basis in the following terms:-
“INTERIM RELIEF GRANTED
Pending the final determination of this matter on the return date, the applicants be and are hereby granted the following relief:-
1. The respondent or any of its representatives, upon service of this order, be and is hereby directed to break the seals and allow the applicants to resume trading immediately upon the granting of this order.
2. Failing paragraph (1) above the applicant be and is hereby authorized to break the seals and resume trading.” More
