Collins Mangenje (2) Godwin Mangenje v Isaac Tigere Ticharwa (In his capacity as the duly appointed executor dative of the estate of the late Kennedy Mangenje DRMRE 329/18) (2) Mangenje Brothers (Private) Limited (In liquidation) (3) Cecil Madondo (In his capacity as liquidator of Mangenje Brothers (Pvt) Ltd) (4) Master of the High Court

SC 120/23

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Case Details

Court

Supreme Court

Date

7 November 2023

Citation

SC 120/23

Neutral Citation

[2023] ZWSC 120

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU JA

Full Bench

BHUNU JACHIWESHE JACHATUKUTA JA

Areas of Law

Insolvency LawCompany LawCivil Procedure

Keywords

winding upliquidationstatement of affairsdamageslocus standiInsolvency Act

Key Issues

{"issue_text":"Whether there was compliance with section 5(4) of the Insolvency Act regarding the statement of affairs","issue_type":"procedural","dispositive":"no","related_facts":"Two-page statement provided; request made on 12 June 2019"}
{"issue_text":"Whether the appellants have locus standi to claim damages under section 8 of the Insolvency Act","issue_type":"law","dispositive":"yes","related_facts":"Appellants are directors, not debtors; section 8 mentions only \"debtor\""}

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Facts of the Case

Background

The appellants, as directors and shareholders of Mangenje Brothers (Private) Limited, appealed against the High Court's confirmation of a provisional liquidation order. The first respondent, as executor of the late Kennedy Mangenje's estate, had applied for the company's liquidation under section 5(1)(b)(iii) of the Insolvency Act. The appellants challenged the liquidation on grounds including non-compliance with section 5(4) regarding statement of affairs and sought to claim damages under section 8 of the Insolvency Act.

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