HB 154-18 MACQUIRE FARMING (PVT) LTD versus TWAIROB INVESTMENTS (PVT) LTD

MACQUIRE FARMING (PVT) LTD

versus

TWAIROB INVESTMENTS (PVT) LTD

(Under Provisional Judicial Management)

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 6 JUNE 2018 AND 14 JUNE 2018

 

 

Opposed Application

 

 

M Dodzo for the applicant

T Zhuwarara for the respondent

 

 

            MATHONSI J:          The applicant seeks a final judicial management order in respect of the respondent company which was placed under provisional judicial management by a provisional order granted by this court on 17 March 2015.  Winsley Evans Militala of Petwin Executor and trust Company Limited was appointed as the provisional judicial manager.  On 4 June 2018 the applicant and the provisional judicial manager signed a consent order which they would want this court to grant placing the respondent under final judicial management on certain terms and conditions.

            The consent order sought completely ignores that, upon being notified of the provisional judicial management order, certain interested parties had intervened by filing opposition to the application and the confirmation of the provisional order.  This was in compliance with clause 4 of the interim relief granted in the provisional order of 17 March 2015 which reads:

“4. Any person intending to oppose or support the application on the return day of this order shall: —

 

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