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Harare High Court
Peter Zheke and Victor Zivanai and Peter Chirakara v Redwing Mining Company (Private) Limited and Master of High Court and The Registrar of Companies
HH 659-23
Case Details
Court
Harare High Court
Date
8 December 2023
Citation
HH 659-23
Neutral Citation
[2023] ZWHH 659
Outcome
unknown
Case Type
Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Corporate RescueInsolvency LawCompany Law
Keywords
corporate rescue proceedingsaffected personsstandard noticematerial non-disclosurestatutory compliance
Tags
corporate rescueinsolvencycompany law
legislation
Statutes Cited
- Insolvency Act
- Insolvency Act
- Insolvency Act
- Insolvency Act
- Prescription Act (implied)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants complied with statutory requirement to serve all affected persons by standard notice","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants admitted serving some but not all affected persons"}
- {"issue_text":"Whether debts claimed by applicants have prescribed","issue_type":"mixed","dispositive":"no","related_facts":"Debts dating back to 2018, corporate rescue proceedings were nullity"}
- {"issue_text":"Whether applicants made material non-disclosure","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to disclose removal of Hofisi and tribute agreement with Betterbrands"}
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background
Facts of the Case
Background
Employees of Redwing Mining Company applied for corporate rescue proceedings, claiming to be creditors through unpaid salaries. Previous corporate rescue order from 2020 was set aside by Supreme Court for procedural defects. Applicants sought fresh corporate rescue proceedings.
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