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Tanzania Case Law

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Company law Vintan Mbiro v Hashim Mussa et al

Vintan Mbiro v Hashim Mussa et al

The High Court granted the liquidator six more months to complete winding up of Access Medical & Dialysis Centre Ltd, finding reasonable grounds for delay.

  • Winding up of companies
  • Extension of time
  • Appointment of liquidator
  • Company-law
  • Insolvency
  • Winding-up
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Company law MAGANDULA RULING

MAGANDULA RULING

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.

  • Winding up of companies
  • Leave to file petition
  • Shareholder rights
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Company law NDAHAT FARM

NDAHAT FARM

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.

  • Winding up of companies
  • Voluntary winding up
  • Procedural compliance
  • Appointment of liquidator
  • Winding-up
  • Voluntary-winding-up
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Company law mapata b v vs vasso agroventures limited 2024 tzhc 352 22 february 2024

mapata b v vs vasso agroventures limited 2024 tzhc 352 22 february 2024

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.

  • Winding up of companies
  • Inability to pay debts
  • Deadlock between directors
  • Appointment of liquidator
  • Company-winding-up
  • Inability-to-pay-debts
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Company law Mohamed Abood As the Attorney of Walid Abood Salehe vs DFS Lines Limited Misc

Mohamed Abood As the Attorney of Walid Abood Salehe vs DFS Lines Limited Misc

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.

  • Restoration of company name
  • Winding up of companies
  • Jurisdiction
  • Striking off register
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Commercial law north mara gold mines ltd vs diamond motors ltd 2023 tzhccomd 320 4 september 2023

north mara gold mines ltd vs diamond motors ltd 2023 tzhccomd 320 4 september 2023

The High Court stayed winding-up proceedings and referred the dispute to arbitration after finding the underlying debt was bona fide disputed.

  • Stay of proceedings
  • Arbitration agreement enforcement
  • Winding up of companies
  • Disputed debt
  • Stay-of-proceedings
  • Arbitration-agreement-enforcement
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Company law hashim hassan mussa vs dr crispin semakula others 2023 tzca 17534 25 august 2023

hashim hassan mussa vs dr crispin semakula others 2023 tzca 17534 25 august 2023

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.

  • Winding up of companies
  • Deadlock between directors
  • Valuation of shares
  • Alternative remedies in company disputes
  • Jurisdiction of court in winding up petitions
  • Company-law
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Company law centre stage productions ltd vs commissioner general tra 2023 tzhccomd 112 20 april 2023

centre stage productions ltd vs commissioner general tra 2023 tzhccomd 112 20 april 2023

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.

  • Winding up of companies
  • Insolvency proceedings
  • Appointment of official receiver
  • Winding-up-of-companies
  • Insolvency-proceedings
  • Appointment-of-official-receiver
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Company law Ruling Miss

Ruling Miss

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.

  • Jurisdiction
  • Winding up of companies
  • Preliminary objection
  • Abuse of process
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Company law IN THE MATTER OF THE PETITION FOR WINDING UP OF GOLDEN PEACOCK CO

IN THE MATTER OF THE PETITION FOR WINDING UP OF GOLDEN PEACOCK CO

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.

  • Winding up of companies
  • Voluntary liquidation
  • Appointment of official receiver
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.