benard buhoma vs tanzanite one mining limited 2021 tzhc 9136 23 december 2021
The respondent's failure to pay a judgment debt, despite notice and demand, establishes insolvency under section 279(1)(d) of the Companies Act, justifying a winding up order and appointment of a liquidator.
- Citation
- benard buhoma vs tanzanite one mining limited 2021 tzhc 9136 23 december 2021
- Parties
- Petitioner: Benard Buhoma; Respondent: Tanzaniteone Mining Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 December 2021
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Petition for Winding Up
- Outcome
- Petition granted. Respondent company ordered wound up for insolvency.
- Legal Topics
- Winding Up of Company, Insolvency, Enforcement of Judgment Debt
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benard Buhoma
Petitioner
Tanzaniteone Mining Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Petition for Winding Up
Legal Issues
- 1 Whether Tanzaniteone Mining Limited is insolvent and unable to pay its debts
- 2 Whether the petitioner is entitled to a winding up order and appointment of a liquidator
Ratio Decidendi
The respondent's failure to pay a judgment debt, despite notice and demand, establishes insolvency under section 279(1)(d) of the Companies Act, justifying a winding up order and appointment of a liquidator.
Court Disposition
Petition granted. Respondent company ordered wound up for insolvency.
Orders
- Tanzaniteone Mining Limited is hereby wound up for being insolvent and unable to pay its debt.
- Mpaya Kamara appointed as official liquidator for six months.
Full Case Text
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