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Ex-judge Chinamhora’s judgment reversed

THE High Court has nullified proceedings of an application for rescission filed by a dissolved company Balwearie Holdings Private Limited number 45/77 in a case presided over by former High Court judge Justice Webster Chinamhora.

The company challenged the existence of Balwearie Holdings Private Limited company number 1898/20.

High Court judge Justice Munangati-Manongwa gave an order declaring the proceedings filed by the dissolved Balwearie Holdings (Pvt) (Ltd) null and void.

According to court documents sometime in 2020, an application was filed at the High Court under case number HC 3847/20.

In the said case, the applicant was described as Balwearie Holdings (Pvt) Ltd with company number 45/77.

Balwearie was cited in the application as the first respondent.

The Supreme Court and the High Court pronounced themselves on the status of Balwearie with company number 45/77.

Firstly, it was the High Court which declared the said Balwearie with company number 45/77 to have been dissolved.

The High Court said Balwearie with company number 45/77 could not sue or be sued because it was non-existent.

The Supreme Court upheld the High Court judgment.

The chief registrar of companies also tendered an affidavit saying Balwearie with company number 45/77 is a dissolved company.

However, Justice Manongwa-Munangati issued a declaratory order nullifying the proceedings which were instituted by the legitimate Balwearie Holdings Private Limited.



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