fahari bottlers ltd vs mikidadi 2003 tzhc 17 14 july 2003

Proceedings in the lower court after the appointment of the provisional liquidator were without jurisdiction as leave of the High Court was not obtained, rendering the decree and execution invalid.

Source-derived case information.

Citation: fahari bottlers ltd vs mikidadi 2003 tzhc 17 14 july 2003
Parties: Applicant: J.B. Warioba; Respondent: Fabari Bottlers Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 July 2003
Procedural Posture: Revision Proceedings / Judgment
Outcome: application allowed
Legal Topics: Liquidation, Winding Up, Employment Claims, Leave of Court
Source Language: english

Company Law Employment Law Liquidation Winding Up Employment Claims Leave of Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

J.B. Warioba

Applicant

Fabari Bottlers Limited

Respondent

Procedural Posture

Revision Proceedings / Judgment

Legal Issues

1 Whether proceedings against a company in liquidation can continue without leave of the High Court
2 Whether the decree obtained by the respondent is valid

Ratio Decidendi

Proceedings in the lower court after the appointment of the provisional liquidator were without jurisdiction as leave of the High Court was not obtained, rendering the decree and execution invalid.

Court Disposition

application allowed

Orders

Decree and execution proceedings in the lower court set aside
Execution to be stayed

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