19970722 TZHC Dar es Salaam 1
The alteration is in the interest of the company and its members, all members have consented, and no one would be prejudiced; therefore, the court grants dispensation of notice and confirms the alteration.
- Citation
- 19970722 TZHC Dar es Salaam 1
- Parties
- Petitioner: Mazengo Filling Station Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 July 1997
- Procedural Posture
- Miscellaneous Civil Application / Ex Parte Application for Confirmation of Alteration of Memorandum of Association
- Outcome
- Petition allowed
- Legal Topics
- Alteration of Memorandum of Association, Dispensation of Notice, Corporate Borrowing Powers
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mazengo Filling Station Ltd
Petitioner
Procedural Posture
Miscellaneous Civil Application / Ex Parte Application for Confirmation of Alteration of Memorandum of Association
Legal Issues
- 1 Whether the court should confirm the alteration of the memorandum of association to enable the company to borrow and secure loans
- 2 Whether notice under section 7(2) of the Companies Ordinance should be dispensed with
Ratio Decidendi
The alteration is in the interest of the company and its members, all members have consented, and no one would be prejudiced; therefore, the court grants dispensation of notice and confirms the alteration.
Court Disposition
Petition allowed
Orders
- Dispensation of notice under section 7(2) of the Companies Ordinance granted
- Alteration of memorandum of association confirmed as per the suggested paragraph
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