20041029 TZHC Dar es Salaam

20041029 TZHC Dar es Salaam

The respondent failed to pay the debt as per the consent judgment and did not oppose the petition. Evidence showed inability to pay debts. The company is therefore ordered to be wound up for high indebtedness and failure to pay debts.

Citation
20041029 TZHC Dar es Salaam
Parties
Petitioner: NAS Hauliers Limited; 1st Respondent: Fahari Beverage Limited; 2nd Respondent: Registrar of Companies
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 October 2004
Procedural Posture
Winding Up Petition / Final Ruling
Outcome
petition granted
Legal Topics
Winding Up of Company, Inability to Pay Debts, Appointment of Liquidator
Source Language
English
Company Law Insolvency Winding Up of Company Inability to Pay Debts Appointment of Liquidator

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Parties

NAS Hauliers Limited

Petitioner

Fahari Beverage Limited

1st Respondent

Registrar of Companies

2nd Respondent

Procedural Posture

Winding Up Petition / Final Ruling

Legal Issues

  1. 1 Whether Fahari Beverage Limited is unable to pay its debts as per the Companies Ordinance
  2. 2 Whether it is just and equitable to wind up Fahari Beverage Limited

Ratio Decidendi

The respondent failed to pay the debt as per the consent judgment and did not oppose the petition. Evidence showed inability to pay debts. The company is therefore ordered to be wound up for high indebtedness and failure to pay debts.

Court Disposition

petition granted

Orders

  • Fahari Beverage Limited is ordered to be wound up
  • Petitioner is granted costs