HH 361-18 TAMIRA OVERSEAS S.A. versus OLIVER MASOMERA N.O. and Ors

TAMIRA OVERSEAS S.A.

versus

OLIVER MASOMERA N.O.

and

AQUARIUM TRADING (PVT) LTD

(under final judicial management)

and

TALEB MOHAMED

and

SANDRA MAGDALENE VAN ROOYEN

and

MASTER OF THE HIGH COURT

 

 

HIGH COURT OF ZIMBABWE

CHAREWA J

HARARE, 6, 7 & 27 June 2018                                

 

 

Urgent Chamber Application

 

Advocate C Damiso, for the applicant

S. Makonyere, for the 1st and 2nd respondents

A. Muchadehama, for the 3rd and 4th respondents

 

 

CHAREWA J: This is an “urgent chamber application for leave to execute pending appeal” in which the applicant seeks to enforce an anti-dissipation order granted in HC 3631/18 pending the determination of the court in HC 595/17 and HC 1868/17  both of which judgments were reserved on 1 February 2018. 1st - 4th respondents opposed the application.

BACKGROUND

 In January 2017, the applicant filed an application in HC 595/17 for the removal of 2nd respondent from judicial management and that it be placed under provisional liquidation on the grounds that it cannot trade as a going concern anymore as it had failed to resuscitate its operations under such judicial management. Further, the 2nd respondent was so heavily 

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