The High Court granted the liquidator six more months to complete winding up of Access Medical & Dialysis Centre Ltd, finding reasonable grounds for delay.
A shareholder (contributory) does not require leave of the court to file a petition for compulsory winding up of a company under the Companies Act, Cap. 212; the petition is incompetent if filed seeking such leave.
The High Court dismissed a winding up petition for non-compliance with statutory requirements, including lack of a special resolution, notice in the Gazette, and appointment of a liquidator.
The High Court ordered winding up of Vasso Agroventures Limited after finding unpaid debts, liabilities exceeding assets, and a serious deadlock between the only two directors.
Section 400(6) of the Companies Act entitles a creditor to apply for restoration of a company struck off the register, and the provision should be construed purposively to allow restoration where it is just. The preliminary objections lack merit as the application is properly before the court, and the applicant, as a decree holder, is entitled to restoration in the interest of justice.
The Court of Appeal held the High Court went beyond its powers in forcing a share valuation and alternative remedy in a company deadlock, and remanded for liquidation steps.
The High Court ordered Centre Stage Productions Limited wound up after finding it unable to pay debts, having suspended business, and complying with winding-up procedures.
The High Court lacks jurisdiction to entertain the present application because the subject matter is directly related to a pending appeal and application before the Court of Appeal, and the reliefs sought would affect the outcome of those proceedings. The filing of a notice of appeal moves the matter to the appellate court, stripping the High Court of jurisdiction, regardless of whether the applicant was a party to the original proceedings.
The company has passed a special resolution to wind up, is unable to pay its debts, and its liabilities exceed its assets. The requirements of the Companies Act for winding up are satisfied. No objections were raised, and all procedural requirements were met.