20000515 TZHC Dar es Salaam

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

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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

  1. 1 Whether the court can declare the 1st respondent company as ceased to exist and order it struck off the register of companies
  2. 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.