DR

DR

A single director may bring an application for an administration order if acting pursuant to a board resolution; the issue of whether such a resolution exists is a matter of fact and cannot be determined at the preliminary objection stage. The applicant properly cited Section 252(2) of the Companies Act for filling the vacancy of administrator.

Citation
DR
Parties
Applicant: Dr. Peter Jonas Chitamu; 1st Respondent: Mary Bundala; 2nd Respondent: First Sbal Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Miscellaneous Commercial Application / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs.
Legal Topics
Administration Order, Locus Standi, Board Resolution, Extension of Administration Period
Source Language
English
Company Law Insolvency Law Administration Order Locus Standi Board Resolution Extension of Administration Period

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Parties

Dr. Peter Jonas Chitamu

Applicant

Mary Bundala

1st Respondent

First Sbal Company Limited

2nd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the application without a board resolution
  2. 2 Whether the applicant cited the proper legal provisions for extension of the administration period

Ratio Decidendi

A single director may bring an application for an administration order if acting pursuant to a board resolution; the issue of whether such a resolution exists is a matter of fact and cannot be determined at the preliminary objection stage. The applicant properly cited Section 252(2) of the Companies Act for filling the vacancy of administrator.

Court Disposition

Preliminary objections dismissed with costs.

Orders

  • Preliminary objections dismissed with costs.