[zRPz]'>TRIANGLE LTD v ROMSDALE INVESTMENTS (PVT) LTD & ORS 2018 (1) ZLR 415 (H)
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 |
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.