MISC

MISC

The dispute was wholly resolved by a lawful Deed of Settlement signed by all parties and filed in court, meeting statutory requirements for enforceability and consent judgment.

Citation
MISC
Parties
Petitioner: Abuubakar Ramadhani Selemani; 1st Respondent: Golden Plaza Hotel Limited; 2nd Respondent: Abduswamadu Ramadhani Selemani; 3rd Respondent: Mwanate Bakari Shabani; 4th Respondent: Zena Mrisho Senga; 5th Respondent: Amina Abasi Mang’enya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Miscellaneous Commercial Cause / Consent Judgment
Outcome
petition settled by consent
Legal Topics
Unfair Prejudice, Company Management, Shareholder Rights, Settlement
Source Language
English
Company Law Civil Procedure Unfair Prejudice Company Management Shareholder Rights Settlement

Case Brief

Summary, issues, holding and outcome

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Parties

Abuubakar Ramadhani Selemani

Petitioner

Golden Plaza Hotel Limited

1st Respondent

Abduswamadu Ramadhani Selemani

2nd Respondent

Mwanate Bakari Shabani

3rd Respondent

Zena Mrisho Senga

4th Respondent

Amina Abasi Mang’enya

5th Respondent

Procedural Posture

Miscellaneous Commercial Cause / Consent Judgment

Legal Issues

  1. 1 whether the affairs of the 1st respondent are conducted in an unfairly prejudicial manner
  2. 2 whether the petitioner is entitled to reliefs sought under section 233 of the Companies Act
  3. 3 whether the conduct of certain respondents contravenes the Articles of Association and Companies Act

Ratio Decidendi

The dispute was wholly resolved by a lawful Deed of Settlement signed by all parties and filed in court, meeting statutory requirements for enforceability and consent judgment.

Court Disposition

petition settled by consent

Orders

  • Deed of Settlement recorded as part of consent decision and decree/order
  • Petition marked settled on terms contained in Deed of Settlement