20201124 TZHC Dar es Salaam

The respondent company failed to pay a debt exceeding the statutory minimum after proper demand, satisfying the requirements for winding up under section 279(1)(d) of the Companies Act.

Citation: 20201124 TZHC Dar es Salaam
Parties: Petitioner: PUFF ADER General Supplies Limited; Respondent: GEMA Security Services Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 November 2020
Procedural Posture: Winding Up Petition / Judgment
Outcome: petition granted
Legal Topics: Winding Up of Company, Appointment of Liquidator, Company Unable to Pay Debts
Source Language: English

Company Law Winding Up of Company Appointment of Liquidator Company Unable to Pay Debts

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Parties

PUFF ADER General Supplies Limited

Petitioner

GEMA Security Services Limited

Respondent

Procedural Posture

Winding Up Petition / Judgment

Legal Issues

1 Whether GEMA Security Services Limited should be wound up under section 279(1)(d) of the Companies Act for inability to pay debts
2 Whether appointment of a liquidator is warranted

Ratio Decidendi

The respondent company failed to pay a debt exceeding the statutory minimum after proper demand, satisfying the requirements for winding up under section 279(1)(d) of the Companies Act.

Court Disposition

petition granted

Orders

GEMA Security Services Limited is wound up pursuant to section 279(1)(d) of the Companies Act
NICODEMUS MATHEW MBUGA is appointed as liquidator