Zimbabwe Allied Bank Ltd. v Dengu & Anor (HC 432 of 2013; HH 583 of 2015) [2015] ZWHHC 583 (1 July 2015)

A company in liquidation cannot proceed with legal proceedings commenced before liquidation without the liquidator first obtaining leave of the court under section 221(2) of the Companies Act. The plaintiff, being under liquidation, lacked locus standi to continue without such leave.

Source-derived case information.

Citation: [2015] ZWHHC 583
Parties: Plaintiff: Zimbabwe Allied Bank Limited; Defendant: Caleb Dengu; Defendant: Wilson Tendai Nyabanda
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 1 July 2015
Case Number: HC 432 of 2013 ; HH 583 of 2015
Procedural Posture: Civil / Trial Preliminary Objection
Outcome: preliminary objection upheld; matter struck off the roll
Legal Topics: Liquidation, Locus Standi, Leave of Court, Powers of Liquidator
Source Language: english

Company Law Civil Procedure Liquidation Locus Standi Leave of Court Powers of Liquidator

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Zimbabwe Allied Bank Limited

Plaintiff

Caleb Dengu

Defendant

Wilson Tendai Nyabanda

Defendant

Procedural Posture

Civil / Trial Preliminary Objection

Legal Issues

1 Whether a company under liquidation requires leave of court to continue proceedings commenced before liquidation
2 Whether the plaintiff has locus standi to continue with the proceedings without leave of court

Ratio Decidendi

Court Disposition

preliminary objection upheld; matter struck off the roll

Orders

The matter is struck off the roll.
The plaintiff is ordered to pay costs.

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