HOTEL CONTINENTAL VS LINDA SAMWEL MACHUNGU WINDING UP COMM CAUSE NO
The petitioners and supporters, as majority shareholders and directors, had effective control of the company and access to internal remedies under the articles of association and the Companies Act. They failed to utilize these remedies and instead sought a winding up order on just and equitable grounds for issues arising from their own management. The court held that winding up is a remedy of last resort, only available when no alternative exists or when alternative remedies have failed. As the petitioners had not exhausted available remedies and were responsible for the alleged mismanagement…
Source excerpt
- Winding up of companies
- Just and equitable ground
- Shareholder disputes
- Corporate governance
- Alternative remedies
- Directors' duties