ISMAIL SABLACK VS JARMO OJANEN

ISMAIL SABLACK VS JARMO OJANEN

The petitioner failed to prove exclusion from company affairs or that the 1st respondent conducted affairs unfairly prejudicial to his interests. Evidence showed the petitioner had full control of company assets and accounts. No proof was provided of profits, declared dividends, or improper allotment of shares. The foreign bank account was not shown to be connected to the company. The claim of unfair prejudice was not established to the required standard.

Citation
ISMAIL SABLACK VS JARMO OJANEN
Parties
Petitioner: Ismail Fadhil Sablack; 1st Respondent: Jarmo O Janen; 2nd Respondent: African Hobby Tours and Safaris
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Miscellaneous Civil Cause / Ruling
Outcome
Petition dismissed with costs
Legal Topics
Unfair Prejudice, Shareholder Rights, Director Duties, Dividends, Company Management
Source Language
English
Company Law Civil Procedure Unfair Prejudice Shareholder Rights Director Duties Dividends Company Management

Case Brief

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Parties

Ismail Fadhil Sablack

Petitioner

Jarmo O Janen

1st Respondent

African Hobby Tours and Safaris

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause / Ruling

Legal Issues

  1. 1 Whether the 1st respondent conducted the affairs of the company in a manner unfairly prejudicial to the petitioner
  2. 2 Whether the petitioner is entitled to nullification of acts, director fees, damages, and costs

Ratio Decidendi

The petitioner failed to prove exclusion from company affairs or that the 1st respondent conducted affairs unfairly prejudicial to his interests. Evidence showed the petitioner had full control of company assets and accounts. No proof was provided of profits, declared dividends, or improper allotment of shares. The foreign bank account was not shown to be connected to the company. The claim of unfair prejudice was not established to the required standard.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed
  • Costs awarded to respondents