Tamer Abbas Emad & Ano v Siming Zhao & Ano (CC 23/2017) [2018] SCSC 8115 (18 March 2018)

The First Respondent failed to act reasonably and committed serious breaches of duty as director and shareholder, justifying his removal under section 28 of the Companies Act.

Citation: [2018] SCSC 8115
Parties: Petitioner: Tamer Abbas Emad; Petitioner: Prischilla Uranie; Respondent: Siming Zhao; Respondent: Trust for Construction (Proprietary) Limited
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 18 March 2018
Case Number: CC 23/2017
Procedural Posture: Civil / Judgment
Outcome: Petition allowed
Legal Topics: Director's Duties, Shareholder Expulsion, Company Management
Source Language: English

Company Law Director's Duties Shareholder Expulsion Company Management

Case Brief

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Parties

Tamer Abbas Emad

Petitioner

Prischilla Uranie

Petitioner

Siming Zhao

Respondent

Trust for Construction (Proprietary) Limited

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the First Respondent breached his duties as director and shareholder
2 Whether the First Respondent should be removed as director and shareholder under section 28 of the Companies Act

Ratio Decidendi

The First Respondent failed to act reasonably and committed serious breaches of duty as director and shareholder, justifying his removal under section 28 of the Companies Act.

Court Disposition

Petition allowed

Orders

First Respondent is removed as director and shareholder of the Second Respondent
First Respondent’s 33 shares to be redistributed according to section 27 of the Companies Act by the company secretary