rajiv bharat bhesania another vs hardeep kaur chaggar another 2024 tzhccomd 4 15 january 2024

rajiv bharat bhesania another vs hardeep kaur chaggar another 2024 tzhccomd 4 15 january 2024

Declaration of Trust is illegal, null and void as it contravenes Articles of Association, Tanzanian company and land laws, and was executed in conflict of interest; all changes in company structure based on Declaration of Trust are irregular and must be expunged; company secretary breached trust and must convene meetings; Petitioners entitled to reliefs sought.

Citation
rajiv bharat bhesania another vs hardeep kaur chaggar another 2024 tzhccomd 4 15 january 2024
Parties
Petitioner: Rajiv Bharat Bhesania; Petitioner: Ekta Vinesh Karsanji; Respondent: Hardeep Kaur Chaggar; Respondent: Pamutitu Trust Company Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 January 2024
Procedural Posture
Miscellaneous Commercial Cause / Final Ruling
Outcome
petition granted
Legal Topics
Unfair Prejudice, Trusts, Shareholding, Directors' Duties, Foreign Land Ownership, Company Meetings
Source Language
English
Company Law Property Law Unfair Prejudice Trusts Shareholding Directors' Duties Foreign Land Ownership Company Meetings

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Parties

Rajiv Bharat Bhesania

Petitioner

Ekta Vinesh Karsanji

Petitioner

Hardeep Kaur Chaggar

Respondent

Pamutitu Trust Company Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Final Ruling

Legal Issues

  1. 1 Whether Advocate Urassa acted in conflict of interest during incorporation and execution of Declaration of Trust
  2. 2 Whether Advocate Urassa had legal capacity to represent Petitioners in Declaration of Trust
  3. 3 Whether Declaration of Trust is sanctioned by Articles of Association

Ratio Decidendi

Declaration of Trust is illegal, null and void as it contravenes Articles of Association, Tanzanian company and land laws, and was executed in conflict of interest; all changes in company structure based on Declaration of Trust are irregular and must be expunged; company secretary breached trust and must convene meetings; Petitioners entitled to reliefs sought.

Court Disposition

petition granted

Orders

  • Declaration of Trust is illegal, null and void
  • Shareholding and directors as per original Memorandum and Articles of Association