african flight services limited vs registrar of companies another 2022 tzhc 12338 30 august 2022

african flight services limited vs registrar of companies another 2022 tzhc 12338 30 august 2022

The application is incompetent as it was supported by an affidavit affirmed by an unauthorized person, and the change of company name was not effected by a special resolution as required by law. The Registrar acted within powers to restore the previous name, and the Commercial Division of the High Court had already...

Source-derived case information.

Citation
african flight services limited vs registrar of companies another 2022 tzhc 12338 30 august 2022
Parties
Applicant: Africa Flight Services Limited; 1st Respondent: Registrar of Companies; 2nd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2022
Procedural Posture
Judicial Review (miscellaneous Cause) / Final Ruling
Outcome
Application dismissed
Legal Topics
Judicial Review, Company Name Change, Natural Justice, Affidavit Validity, Functus Officio, Special Resolution
Source Language
english
Administrative Law Company Law Judicial Review Company Name Change Natural Justice Affidavit Validity Functus Officio Special Resolution

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Parties

Africa Flight Services Limited

Applicant

Registrar of Companies

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Judicial Review (miscellaneous Cause) / Final Ruling

Legal Issues

  1. 1 Whether the Registrar of Companies acted procedurally in removing and restoring the company name
  2. 2 Whether the applicant was afforded the right to be heard
  3. 3 Whether the affidavit supporting the application was valid

Ratio Decidendi

The application is incompetent as it was supported by an affidavit affirmed by an unauthorized person, and the change of company name was not effected by a special resolution as required by law. The Registrar acted within powers to restore the previous name, and the Commercial Division of the High Court had already declared the change to Africa Flight Services Limited illegal. Issuing prerogative orders would conflict with the prior Commercial Division decision.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs