yasmin haji vs kenyata drive properties ltd another 2023 tzhccomd 25 13 february 2023

yasmin haji vs kenyata drive properties ltd another 2023 tzhccomd 25 13 february 2023

The petitioner suffered unfair prejudice due to irregular and fraudulent share transfers that did not comply with the company’s MEMARTS and statutory requirements. The petitioner remains a lawful shareholder, and the company must rectify its register to include her 100 shares and notify BRELA. BRELA is not a necessary party as the register in question is the company’s own register of members, not the register maintained by BRELA.

Citation
yasmin haji vs kenyata drive properties ltd another 2023 tzhccomd 25 13 february 2023
Parties
Petitioner: Yasmin Haji; 1st Respondent: Kenyatta Drive Properties Limited; 2nd Respondent: Antony Amin Haji
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
13 February 2023
Procedural Posture
Miscellaneous Commercial Case / Ruling on Petition for Rectification of Register and Unfair Prejudice
Outcome
Petition allowed
Legal Topics
Rectification of Register, Unfair Prejudice, Shareholder Rights, Share Transfer, Corporate Governance
Source Language
English
Company Law Commercial Law Rectification of Register Unfair Prejudice Shareholder Rights Share Transfer Corporate Governance

Case Brief

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Parties

Yasmin Haji

Petitioner

Kenyatta Drive Properties Limited

1st Respondent

Antony Amin Haji

2nd Respondent

Procedural Posture

Miscellaneous Commercial Case / Ruling on Petition for Rectification of Register and Unfair Prejudice

Legal Issues

  1. 1 Whether the petitioner suffered unfair prejudice in the conduct of the affairs of the 1st Respondent company
  2. 2 Whether the petitioner is a lawful shareholder in the 1st Respondent company
  3. 3 Whether the 1st Respondent should rectify its register to include the petitioner's shares and notify BRELA

Ratio Decidendi

The petitioner suffered unfair prejudice due to irregular and fraudulent share transfers that did not comply with the company’s MEMARTS and statutory requirements. The petitioner remains a lawful shareholder, and the company must rectify its register to include her 100 shares and notify BRELA. BRELA is not a necessary party as the register in question is the company’s own register of members, not the register maintained by BRELA.

Court Disposition

Petition allowed

Orders

  • Declaration of unfair prejudice in the conduct of the 1st Respondent company against the petitioner’s interests
  • Declaration that the petitioner is a lawful shareholder in the 1st Respondent company