Boniface v Adela and Others (290 of 2002) [2006] SCSC 46 (16 June 2006)
The company is unable to pay its debts, is no longer functioning, and it is just and equitable to wind it up. All statutory requirements have been complied with and no objections have been raised.
Source-derived case information.
- Citation
- [2006] SCSC 46
- Parties
- Applicant: Marine Enterprise Co (Pty) Ltd
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 290 of 2002
- Procedural Posture
- Company Winding Up Petition / Order on Petition for Winding Up
- Outcome
- Petition for winding up granted
- Legal Topics
- Winding Up of Companies, Dissolution, Insolvency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marine Enterprise Co (Pty) Ltd
Applicant
Procedural Posture
Company Winding Up Petition / Order on Petition for Winding Up
Legal Issues
- 1 Whether the company should be wound up under the Companies Act 1972
Ratio Decidendi
The company is unable to pay its debts, is no longer functioning, and it is just and equitable to wind it up. All statutory requirements have been complied with and no objections have been raised.
Court Disposition
Petition for winding up granted
Orders
- Marine Enterprise Co (Pty) Ltd is ordered to be wound up
- Registrar of Companies to be informed accordingly
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES IN THE MATTER OF MARINE ENTERPRISE CO (PTY) LTD AND IN THE MATTER OF THE COMPANIES ACT 1972 Civil Side No. 294 of 2003 Mr. F. Elizabeth for the Applicant ORDER Mr. Frank Elizabeth has informed the Court that the applicants have complied with all the requirements of the Companies Act and no objection has been raised to the dissolution of the company. The petition for winding up has been filed by one of the four directors of the company averring that the company is no longer functioning as it is unable to pay its debts and further that it is just and equitable that the company should be wound up. It has also been averred that the company has no intention to review its license to operate the business. Indeed the Court is satisfied that the auditor’s report and other documentation have been filed as required by the law. In those circumstances, the order is hereby made winding up the company called “Marine Enterprise Co (Pty) Ltd” incorporated on the 24th October, 2000. The Registrar of Companies to be informed accordingly. D. GASWAGA JUDGE Dated this 6th day of December, 2006.