Tanzania Case Law

AYOUB MTAFYA AND NCBA BANK T LTD MISC

Court

TANZLII

The respondent's failure to file Form No. 365a constitutes an omission to disclose security, requiring surrender of the security for the general benefit of all creditors under Rule 170(1) of the Companies (Insolvency) Rules, 2005. The respondent did not apply for relief from this consequence, and thus must release the title deed to the liquidator.

Source excerpt

• Winding up
• Proof of debt
• Secured creditors
• Release of security
• Liquidation procedure

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19970613 TZHC Dar es Salaam2

Court

TZHC

The High Court struck out an amended plaint for lack of leave, held the suit premature against a company in liquidation, and dismissed the case with costs.

• Amendment of pleadings
• Joinder of parties
• Locus standi
• Premature suit
• Liquidation procedure
• Power of attorney validity

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19951023 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal held that ex-employees’ additional claims against liquidators were premature because they had not been proved by affidavit under the winding-up rules.

• Repatriation costs
• Terminal benefits
• Liquidation procedure
• Proof of debt
• Subsistence allowance
• Proof-of-debt

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