HH 284-18 TIME SECURITY (PRIVATE) LIMITED versus THE COMMISSIONER OF TAXES and Ors

TIME SECURITY (PRIVATE) LIMITED

(Under liquidation, represented herein by

CECIL MADONDO the appointed liquidator)

versus

THE COMMISSIONER OF TAXES

(Otherwise known as ZIMBABWE REVENUE AUTHORITY)

and

GOVERNMENT OF THE UNITED KINGDOM

and

LOBELS (PRIVATE) LIMITED

and

CAIRNS HOLDINGS LIMITED

and

ME CHARHONS (PRIVATE) LIMITED

 

 

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 17 May 2018 and 29 May 2018

 

 

Opposed Application

 

 

 

T. Mpofu, for the applicant

T Magwaliba, for the 1st respondent

No appearance for the 2nd -5th respondents

 

 

            MUZENDA J: This is an application for a declaratory relief where the applicant seeks the following:

            “IT IS DECLARED THAT:

  1. First respondent is required by law to lodge and prove its claim against applicant just like any other creditor and to that end to make its claims through the process set out in terms of both the Companies Act and the Insolvency Act.
  2. Section 58 (1) of the Income Tax Act does not place first respondent in any privileged position in respect of payments which are to be made post the grant of an order for liquidation.

IT IS CONSEQUENTLY ORDERED THAT

  1. The moneys due to the applicant from second to fourth respondents shall be paid to the liquidator of the applicant who shall deal with them in terms of the law.
  2. First respondent shall bear the costs of this application.”

 

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2018