mahmood badrudini allibhai another vs fn transport ltd 2023 tzhccomd 59 10 march 2023

The petition for winding up was settled amicably by a deed of settlement, which met enforceability requirements and was recorded as the judgment and decree of the court.

Citation: mahmood badrudini allibhai another vs fn transport ltd 2023 tzhccomd 59 10 march 2023
Parties: Petitioner: Mahmood Badrudini Allibhai; Petitioner: Salim Manji; Respondent: FN Transport Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 10 March 2023
Procedural Posture: Miscellaneous Commercial Cause / Consent Judgment
Outcome: petition settled by deed of settlement
Legal Topics: Winding Up, Settlement, Liquidation
Source Language: English

Company Law Winding Up Settlement Liquidation

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Parties

Mahmood Badrudini Allibhai

Petitioner

Salim Manji

Petitioner

FN Transport Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Consent Judgment

Legal Issues

1 whether FN Transport Limited should be wound up under the Companies Act
2 whether a liquidator should be appointed to oversee the winding up process
3 whether assets and business of FN Transport Limited should be taken over by the liquidator

Ratio Decidendi

The petition for winding up was settled amicably by a deed of settlement, which met enforceability requirements and was recorded as the judgment and decree of the court.

Court Disposition

petition settled by deed of settlement

Orders

Deed of Settlement recorded as part of the judgment and decree
Petition marked as settled at the instance of the parties