TAMIRA OVERSEAS SA v OLIVER MASOMERA AND AQUIRIUM TRADING PRIVATE LIMITED (under Judicial Management) AND TALEB MA HOMED AND SANDRA MAGADALENE VAN ROOYEN AND THE MASTER OF THE HIGH COURT

HH 274-17

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Case Details

Court

Harare High Court

Date

26 April 2017

Citation

HH 274-17

Neutral Citation

[2017] ZWHH 274

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

CHIGUMBA J

Full Bench

CHIGUMBA J

Areas of Law

Company LawCorporate InsolvencyJudicial Management

Keywords

Judicial ManagerCompanies ActUrgencyInterdictLiquidation

Key Issues

{"issue_text":"Whether the application is urgent and should be heard on urgent basis","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed in 2017 regarding issues existing since 2015"}
{"issue_text":"Whether the judicial manager was properly appointed under section 302 instead of section 305","issue_type":"law","dispositive":"no","related_facts":"Appointment made in October 2015"}
{"issue_text":"Whether the judicial manager failed to perform statutory duties","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of failure to lodge documents, call meetings, conduct audits"}

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background

Facts of the Case

Background

Applicant, a creditor of Aquirium Trading Private Limited under judicial management, sought urgent interim relief to interdict the judicial manager from performing his functions and to have him removed. The application was based on alleged improper appointment, failure to provide security, and failure to perform statutory duties. The court found the matter was not urgent as the issues had existed since 2015 and alternative remedies were available.

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