UPRIDGE TRADING (PRIVATE) LTD v GOLDEN FRUIT (PROPRIETARY) LTD and THE MASTER OF THE HIGH COURT and CECIL MADONDO

HH 383-12

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Case Details

Court

Harare High Court

Date

2 October 2012

Citation

HH 383-12

Neutral Citation

[2012] ZWHH 383

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Companies LawCivil Procedure

Keywords

provisional liquidationacknowledgment of debtdefault judgmenturgencycosts on attorney and client scale

Key Issues

{"issue_text":"Whether the applicant's urgent application is properly before the court on the basis of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to act on previous notices and orders"}
{"issue_text":"Whether the applicant followed the correct procedure in contesting the provisional winding up order","issue_type":"procedural","dispositive":"yes","related_facts":"Provisional order had a return date of 12 December 2012"}
{"issue_text":"Whether the applicant is entitled to the stay of execution sought","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's inaction throughout the proceedings"}

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background

Facts of the Case

Background

The applicant acknowledged a debt to the first respondent but failed to pay, resulting in a default judgment against it. A winding up application was served on the applicant, which took no action, leading to a provisional winding up order. The applicant only reacted after being served with the provisional order and the liquidator moving to execute his mandate.

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