Reggie Francis Saruchera (In his capacity as the final judicial manager of IRAMZIM TEXTILES P/L & TRAVAN BLANKETS P/L) vs VALLECO INVESTMENTS P/L and MASTER OF THE HIGH COURT

HH 108-23

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Case Details

Court

Harare High Court

Date

13 February 2023

Citation

HH 108-23

Neutral Citation

[2023] ZWHH 108

Outcome

unknown

Case Type

Application

Bench

Presiding

CHINAMORA J

Full Bench

CHINAMORA J

Areas of Law

Corporate LawJudicial ManagementCompanies ActInsolvency Law

Keywords

Judicial ManagementAsset DisposalCompanies Act RepealFee RecoveryScheme of Arrangement

Key Issues

{"issue_text":"Whether applicant had accrued rights under repealed Companies Act to dispose of company assets","issue_type":"law","dispositive":"yes","related_facts":"Companies Act repeal, section 307 provisions, Interpretation Act section 17(1)(b)"}
{"issue_text":"Whether first respondent is liable to pay outstanding judicial management fees","issue_type":"mixed","dispositive":"no","related_facts":"Scheme of arrangement terms, fee calculation, investment amount"}
{"issue_text":"Whether application should be dismissed due to procedural defects","issue_type":"procedural","dispositive":"yes","related_facts":"Companies Act repeal, lack of accrued rights"}

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background

Facts of the Case

Background

Applicant, as judicial manager of two companies under judicial management, sought to recover outstanding fees from first respondent and obtain leave to dispose of company assets. The application was dismissed as the Companies Act under which it was brought had been repealed, and the applicant had no accrued right to dispose of assets.

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