HH 198-18 PIONEER TRANSPORT (PVT) LTD (FOR A FINAL ORDER FOR ITS JUDICIAL MANAGEMENT AND THE APPOINTMENT OF A FINAL JUDICIAL MANAGER

PIONEER TRANSPORT (PVT) LTD

 

(FOR A FINAL ORDER FOR ITS JUDICIAL MANAGEMENT

AND THE APPOINTMENT OF A FINAL JUDICIAL MANAGER)

 

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 15 February 2018 and 9 April, 2018

 

 

Opposed Application

 

 

B Mushamiri, for the applicant

D Ochieng, for the respondent

 

 

            MANGOTA J: The applicant is a haulage transporter. It transports:

            (a)        mining equipment and products;

            (b)        grain;

            (c)        cement and hardware. Its major clients comprise:

                        (i)   manufacturers

(ii) cement producers;

(iii) non-governmental organisations – and

(iv) government departments as well as

(v)   private business which includes manufacturers and traders’ products.

            On 29 June 2016, the court placed the applicant under provisional judicial management. It did so at the instance of the applicant. It appointed Dr Wesley Sibanda as the applicant’s provisional judicial manager.

            The current matter is an extension of what the court granted to the applicant on 29 June, 2016. The applicant moved the court to grant to it a final judicial management order. It submitted that its turn-around prospects were very high. It anchored its assertions on three matters. These comprised:

  1. the Master’s report;
  2. the provisional judicial manager’s report/recommendations – and
  3. the contents of the creditors’ meeting of 31 August, 2016.

Among the applicant’s twenty-eight (28) creditors, only the respondent opposed the

 

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2018