Denise Rosamond Birketoft v Nyahondo Farm (Private) Limited and Kim Birketoft and Melissa Birketoft and Vanessa Birketoft

HH 302-17

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Case Details

Court

Harare High Court

Date

15 May 2017

Citation

HH 302-17

Neutral Citation

[2017] ZWHH 302

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Company LawCorporate Litigation

Keywords

winding up petitioncontributorylocus standijust and equitable groundcompany liquidation

Key Issues

{"issue_text":"Whether applicant has locus standi to petition for winding up as a contributory","issue_type":"law","dispositive":"no","related_facts":"Applicant is director and shareholder"}
{"issue_text":"Whether it is just and equitable to wind up the company","issue_type":"mixed","dispositive":"yes","related_facts":"Breakdown of relationship, company not trading, loss of trust"}

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background

Facts of the Case

Background

The applicant, a director and shareholder of the first respondent company, sought a winding up order on just and equitable grounds following the breakdown of her professional relationship with her ex-husband (second respondent) who was also a director and shareholder. The company was a family business incorporated during their marriage, with their two daughters as additional shareholders.

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