godfrey herry mosha 2021 tzhccomd 3336 17 september 2021

godfrey herry mosha 2021 tzhccomd 3336 17 september 2021

The company cannot legally transact business with only one director; sufficient grounds exist to grant the orders sought for convening a meeting and appointing an additional director.

Citation
godfrey herry mosha 2021 tzhccomd 3336 17 september 2021
Parties
Petitioner: Godfrey Herry Mosha
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
17 September 2021
Procedural Posture
Miscellaneous Commercial Cause / Ruling
Outcome
petition granted
Legal Topics
Extraordinary General Meeting, Appointment of Director, Quorum Requirements
Source Language
English

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Parties

Godfrey Herry Mosha

Petitioner

Procedural Posture

Miscellaneous Commercial Cause / Ruling

  1. 1 Whether the sole surviving director can convene a meeting to appoint an additional director
  2. 2 Whether presence in person or proxy constitutes quorum

Ratio Decidendi

The company cannot legally transact business with only one director; sufficient grounds exist to grant the orders sought for convening a meeting and appointing an additional director.

Court Disposition

petition granted

Orders

  • Petitioner, as sole surviving director, is ordered within 60 days to call and conduct a shareholders' meeting with appointment of an additional director as an agenda item.
  • Presence in person or proxy shall be deemed to constitute a quorum.