Tanzania Case Law

dhirajlal walji ladwa 2 others vs jitesh jayantilal ladwa another 2023 tzhccomd 376 17 november 2023

Court

TZHCCOMD

The Petitioners remain lawful members and directors of the 2nd Respondent as the purported transfer of shares and resignation were invalid for non-compliance with the company's MEMARTS, lack of proper board resolutions, and evidence of undue influence. The 1st Respondent's conduct in excluding Petitioners from management, misappropriating funds, and operating company accounts without board authorization was unfairly prejudicial to the Petitioners and the company. Reliefs are granted to restore proper corporate governance and protect the Petitioners' rights.

Source excerpt

• Unfair prejudice
• Shareholder rights
• Directors' duties
• Transfer of shares
• Company meetings
• Corporate mismanagement

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david joseph mahende vs afriscan group t ltd 2022 tzca 816 15 december 2022

Court

TZCA

The Court of Appeal reversed a High Court judgment on a share-transfer dispute, holding that the key witness’s evidence was invalid because he had not been sworn.

• Transfer of shares
• Admissibility of evidence
• Oath requirement for witnesses
• Board meetings validity
• Share-transfer
• Admissibility-of-evidence

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rose estomih lema vs alex machare another 2018 tzhc 2055 21 december 2018

Court

TZHC

The High Court dismissed an appeal over ownership of a Kahama property, holding that the late Estomih Lema had surrendered his shares and the sale to the 2nd respondent was lawful.

• Ownership of property
• Transfer of shares
• Estate administration
• Sale of property without consent
• Land-appeal
• Property-ownership

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20000515 TZHC Dar es Salaam

Court

TZHC

The High Court held it could not strike a company off the register or order transfer of shares; those steps must follow the Companies Ordinance procedure.

• Striking off company from register
• Expropriation of shares
• Transfer of shares
• Registrar's powers under companies ordinance
• Company-law
• Striking-off-companies

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