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Supreme Court

Phibion Gwatidzo N.O v Willdale Limited & 2 Ors

[2022] ZWSC 119

Case Details

Court
Supreme Court
Date
11 November 2022
Citation
[2022] ZWSC 119
Judgment No.
SC 119/22
Outcome
unknown
Case Type
Appeal

Bench

Presiding
MWAYERA JA
Full Bench
UCHENA JAKUDYA JAMWAYERA JA
Areas of Law
Insolvency LawCorporate LawFiduciary Duties
Keywords
liquidator removalunauthorised asset disposalinsolvencyfiduciary dutiescollusion
Tags
InsolvencyLiquidationCorporate Law
legislation
Statutes Cited
  • Insolvency Act [Chapter 6:07]
  • Insolvency Act [Chapter 6:07]
  • Insolvency Act [Chapter 6:04] (repealed)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court erred in ordering removal of appellant as liquidator","issue_type":"mixed","dispositive":"yes","related_facts":"Unauthorised asset disposal, lack of transparency, failure to disclose sale particulars"}
  • {"issue_text":"Whether the court erred in awarding costs on higher scale against appellant personally","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's conduct as fiduciary, court's discretion on costs"}
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background
Facts of the Case

Background

The appellant, appointed liquidator of Willdale Transport Services (Private) Limited, sold company assets without creditor or Master of High Court authorisation. The first respondent (50% shareholder) successfully applied for his removal, alleging unlawful conduct and preferential treatment of certain creditors.
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