ALEX GAITHAN MGONGOLWA VS AMIR RAMADHAN MPUNGWE MISC

ALEX GAITHAN MGONGOLWA VS AMIR RAMADHAN MPUNGWE MISC

Good cause shown for extension as liquidation process is incomplete; applicant has made progress; extension of nine months is reasonable to complete the process and file report as required by law.

Citation
ALEX GAITHAN MGONGOLWA VS AMIR RAMADHAN MPUNGWE MISC
Parties
Applicant/liquidator: Alex Gaithan Mgongolwa; 1st Respondent: Amir Ramadhan Mpungwe; 2nd Respondent: Michael John Lancaster Warren; 3rd Respondent: Anthony John Havelock Dunn; 4th Respondent: Gabriel Dorethree Dunn; 5th Respondent: James Grant Taylor; 6th Respondent: Deposit Insurance Board; 7th Respondent: Betram Eyakuze; 8th Respondent: Annisa Ami Mpungwe; 9th Respondent: Kilwa Resources Limited; 10th Respondent: Kilwa Ruins Limited; 11th Respondent: Registrar of Companies
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 October 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Ex Parte Application for Extension of Time
Outcome
Application granted
Legal Topics
Winding Up, Liquidation, Extension of Time, Powers of Liquidator
Source Language
English
Company Law Civil Procedure Winding Up Liquidation Extension of Time Powers of Liquidator

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Parties

Alex Gaithan Mgongolwa

Applicant/liquidator

Amir Ramadhan Mpungwe

1st Respondent

Michael John Lancaster Warren

2nd Respondent

Anthony John Havelock Dunn

3rd Respondent

Gabriel Dorethree Dunn

4th Respondent

James Grant Taylor

5th Respondent

Deposit Insurance Board

6th Respondent

Betram Eyakuze

7th Respondent

Annisa Ami Mpungwe

8th Respondent

Kilwa Resources Limited

9th Respondent

Kilwa Ruins Limited

10th Respondent

Registrar of Companies

11th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Ex Parte Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to continue acting as official liquidator of Kilwa Resources Limited and Kilwa Ruins Limited

Ratio Decidendi

Good cause shown for extension as liquidation process is incomplete; applicant has made progress; extension of nine months is reasonable to complete the process and file report as required by law.

Court Disposition

Application granted

Orders

  • Extension of time for nine months from date of ruling for applicant to continue as official liquidator of 8th and 9th respondent companies and file report on accounts as per section 307 of Companies Act, Cap 212
  • No order as to costs