DEPOSIT PROTECTION CORPORATION

(In its capacity as the liquidator of Allied Bank Limited in liquidation)

versus

TREBO & KHAYS (PRIVATE) LTD

and

OBERT MOSES MPOFU

and

SIKHANYISIWE MPOFU

and

KHANONDO SAFARIS AND TOURS (PRIVATE) LIMITED

and

MOYA SECURITY (PRIVATE) LIMITED

HIGH COURT OF ZIMBABWE

MUNANGATI-MANONGWA J

HARARE, 25 June 2018

CIVIL TRIAL

C. Daitai, for the plaintiff

D. Tivador, for the defendants

            MUNANGATI-MANONGWA J: This matter was set down for trial. At the hearing both parties indicated their intention to raise points in limine. The defendants want the plaintiff’s claim struck off with costs for want of compliance with s 221(2)(a) of the Companies Act [Chapter 24:03] which requires that a liquidator seeks leave of court to bring or defend any action or legal proceedings in the name and on behalf of the company. The plaintiff on the other hand, seeks the stricking out of the defendants’ claim in reconvention with costs for failure to comply with the provisions of s 213 of the said Companies Act which in essence prevents the commencement of legal proceedings against a company in liquidation without leave of court. .

The plaintiff herein a liquidator for Allied Bank Limited(in Liquidation) had instituted legal proceedings by way of summons claiming against the defendants jointly and severally the one paying the others to be absolved transfer of certain nine(9) properties to the plaintiff;