Search Search
Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *

TRIANGLE LTD v ROMSDALE INVESTMENTS (PVT) LTD & ORS 2018 (1) ZLR 415 (H)

2018 (1) ZLR p415

Citation

2018 (1) ZLR 415 (H)

Case No

Judgment No. HH-220-18

Court

High Court, Harare

Judge

Mwayera J, Matanda-Moyo J & Kwenda J

Heard

6 February 2018

Judgment

25 April 2018

Counsel

E T Moyo, for the appellant
T Zhuwarara, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Company – judicial management – company under judicial management – legal proceedings against – proceedings instituted after order for judicial management made – leave of court not required – distinction from company being wound up

Leave of the court is not required to institute proceedings against a company which has been placed under judicial management. The restriction applies to legal proceedings, summonses or writs existing at the time the judicial management order was granted. There is a clear distinction between the statutory provisions relating to judicial management and those relating to winding up. Commencement of proceedings against a company that is being wound up requires leave of the court, but that does not apply to a company under judicial management. A judicial management order stays only existing actions, summons or writs and future or fresh proceedings can only or stayed at the discretion of the court.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.