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Supreme Court
Tetrad Investment Bank Limited (Under Judicial Management) v Bindura University of Science Education & Anor
[2019] ZWSC 5
Case Details
Court
Supreme Court
Date
22 February 2019
Citation
[2019] ZWSC 5
Judgment No.
SC 5/19
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GWAUNZA JA
Author
MAVANGIRA JA
Full Bench
GWAUNZA JAGUVAVA JAMAVANGIRA JA
Areas of Law
Banking LawInsolvency LawCivil Procedure
Keywords
judicial managementleave to executemoratoriumbank under liquidationcreditor priority
Tags
judicial managementexecution of judgmentbanking lawcreditor rights
legislation
Statutes Cited
- Companies Act
- Bindura University of Science Education Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court erred in granting leave to execute judgment against a company under judicial management","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant under judicial management; first respondent has confirmed judgment; two years elapsed since judicial management order"}
- {"issue_text":"Whether the court a quo properly exercised its discretion in finding special circumstances justified leave to execute","issue_type":"law","dispositive":"yes","related_facts":"First respondent alleged operational difficulties; appellant disputed irreparable harm"}
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background
Facts of the Case
Background
Tetrad Investment Bank Limited, under judicial management since 2015, appealed against a High Court order granting Bindura University leave to execute a 2014 judgment for US$473,025.52. The Supreme Court dismissed the appeal, finding the lower court properly exercised its discretion.
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