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Harare High Court
Edwin Chimanye v Knowledge Hofisi N.O. and David Whitehead Textiles (under Judicial Management) and Master of the High Court and Marumanzeve Charumbira and Sehen Musapuri and Tadious Maweto
HH 193-21
Case Details
Court
Harare High Court
Date
28 April 2021
Citation
HH 193-21
Neutral Citation
[2021] ZWHH 193
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Company LawCorporate InsolvencyJudicial Management
Keywords
Judicial manager removalCompanies ActSection 301Section 313Section 273Leave to institute proceedings
Tags
Judicial ManagementCompany LawCorporate Insolvency
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Administration of Estates Act [Chapter 6:01]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 301(1) of the Companies Act provides a basis for seeking leave to remove a final judicial manager","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought under section 301(1), applicant seeks removal of final judicial manager"}
- {"issue_text":"Whether leave is required to remove a final judicial manager","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks leave to remove judicial manager, respondents argue no leave required"}
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background
Facts of the Case
Background
The applicant, a shareholder in David Whitehead Textiles which was under final judicial management, sought leave to institute proceedings to remove the judicial manager Knowledge Hofisi, alleging his conduct was prejudicial to creditors and shareholders. The application was brought under section 301(1) of the Companies Act.
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