20000515 TZHC Dar es Salaam
The court has no jurisdiction to strike off a company from the register or to order the transfer of shares; these are matters governed by statutory procedure under the Companies Ordinance and are the responsibility of the Registrar of Companies and the company's internal processes.
- Citation
- 20000515 TZHC Dar es Salaam
- Parties
- Petitioner: Tanzania Wood Industry Corporation; 1st Respondent: Timber Holdings Limited; 2nd Respondent: Registrar of Companies
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 15 May 2000
- Procedural Posture
- Miscellaneous Civil Cause / Judgment
- Outcome
- Petition dismissed with costs.
- Legal Topics
- Striking Off Company From Register, Expropriation of Shares, Transfer of Shares, Registrar's Powers Under Companies Ordinance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tanzania Wood Industry Corporation
Petitioner
Timber Holdings Limited
1st Respondent
Registrar of Companies
2nd Respondent
Procedural Posture
Miscellaneous Civil Cause / Judgment
Legal Issues
- 1 Whether the court can declare the 1st respondent company as ceased to exist and order it struck off the register of companies
- 2 Whether the court can order appropriation of shares held by the 1st respondent in Tabora Msitu Products Ltd
Ratio Decidendi
The court has no jurisdiction to strike off a company from the register or to order the transfer of shares; these are matters governed by statutory procedure under the Companies Ordinance and are the responsibility of the Registrar of Companies and the company's internal processes.
Court Disposition
Petition dismissed with costs.
Orders
- Petition dismissed with costs.
Full Case Text
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