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RAG (PVT) LTD v HUIZENGA NO 1986 (2) ZLR 203 (S)

1986 (2) ZLR p203

Citation

1986 (2) ZLR 203 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Beck JA, Gubbay JA & McNally JA

Heard

3 October 1986

Judgment

23 October 1986

Counsel

C N Greenland for the appellant
M T O'Meara for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Appeal — late noting — application for condonation — different method of calculation of time in High Court and Supreme Court — may not be sufficient excuse.

Company — winding-up — grounds — unable to pay debts — commercial insolvency — just and equitable — only manner in which creditor can achieve payment of debt — director — personal responsibility for costs in unsuccessful opposition to winding-up

Costs — director of company liable de bonis propriis — unsuccessful opposition to winding-up.

Insolvency — commercial insolvency — sale of assets necessary to pay debts.

Legislation — Companies Act [Chapter 190] ss 179(f), 179(g), 243(a); Insolvency Act [Chapter 303] s 102(3); Prevention of Corruption Act 1985, Part III s 10(e).

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