sm water ltd 2023 tzhccomd 56 3 march 2023

sm water ltd 2023 tzhccomd 56 3 march 2023

The court has power under section 137 of the Companies Act to order the convening of an extraordinary general meeting and adoption of resolutions when the company cannot do so due to lack of quorum caused by the death of a director.

Citation
sm water ltd 2023 tzhccomd 56 3 march 2023
Parties
Petitioner: S&M Water Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
3 March 2023
Procedural Posture
Miscellaneous Commercial Cause / Final Ruling
Outcome
petition granted
Legal Topics
Extraordinary General Meeting, Director Appointment, Share Transmission
Source Language
English
Company Law Extraordinary General Meeting Director Appointment Share Transmission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

S&M Water Ltd

Petitioner

Procedural Posture

Miscellaneous Commercial Cause / Final Ruling

Legal Issues

  1. 1 whether the court can order the convening of an extraordinary general meeting when the company lacks quorum due to death of a director
  2. 2 whether the court can authorize transmission of shares and appointment of a new director

Ratio Decidendi

The court has power under section 137 of the Companies Act to order the convening of an extraordinary general meeting and adoption of resolutions when the company cannot do so due to lack of quorum caused by the death of a director.

Court Disposition

petition granted

Orders

  • Extraordinary general meeting of S&M Water Ltd to be convened and conducted; resolution to be adopted on transmission of shares of deceased member to surviving member and appointment of new director
  • Office copy of court order and company resolution to be delivered to Registrar of Companies