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Bulawayo High Court
James Makamba v Kestrel Corporation (Pvt) Ltd and George Manyere and Ecspoment Zimbabwe (Pvt) Ltd
HB 97/20
Case Details
Court
Bulawayo High Court
Date
28 May 2020
Citation
HB 97/20
Neutral Citation
[2020] ZWHB 97
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Company LawCommercial Law
Keywords
Judicial managementProvisional orderLocus standiCompanies Act
Tags
Judicial managementCompanies ActLocus standi
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have locus standi to apply for judicial management","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents claim creditor status through assignment"}
- {"issue_text":"Whether the requirements for judicial management under section 300 are met","issue_type":"mixed","dispositive":"no","related_facts":"Alleged inability to pay debts, disputed claims"}
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background
Facts of the Case
Background
The second and third respondents obtained an ex parte provisional judicial management order against the first respondent company. The applicant, James Makamba, sought discharge of this order, arguing that the respondents lacked locus standi as they were not creditors of the company and the requirements for judicial management were not met.
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