20010305 TZCA Dar es Salaam1

20010305 TZCA Dar es Salaam1

The appointment of an official receiver (or provisional liquidator) was not properly made as there was no formal application or opportunity for the parties to be heard, contrary to Rule 32 and principles of natural justice. The remuneration ordered was illegal as it exceeded the statutory rate.

Citation
20010305 TZCA Dar es Salaam1
Parties
Applicant: Ali Suleiman Said; Applicant: Gharib Mohamed Saleh; Applicant: Marhoon Seif Marhoon; Respondent: Mohamedraza Hassan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 March 2001
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application allowed; stay of execution granted.
Legal Topics
Appointment of Provisional Liquidator, Natural Justice, Stay of Execution, Remuneration of Liquidators
Source Language
English
Company Law Civil Procedure Appointment of Provisional Liquidator Natural Justice Stay of Execution Remuneration of Liquidators

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Parties

Ali Suleiman Said

Applicant

Gharib Mohamed Saleh

Applicant

Marhoon Seif Marhoon

Applicant

Mohamedraza Hassan

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the appointment of an official receiver/provisional liquidator was lawful without a formal application
  2. 2 Whether the orders made by the High Court were contrary to principles of natural justice
  3. 3 Whether the remuneration ordered was lawful

Ratio Decidendi

The appointment of an official receiver (or provisional liquidator) was not properly made as there was no formal application or opportunity for the parties to be heard, contrary to Rule 32 and principles of natural justice. The remuneration ordered was illegal as it exceeded the statutory rate.

Court Disposition

Application allowed; stay of execution granted.

Orders

  • Stay of execution of the High Court orders granted.
  • Applicants awarded costs of the application.