APOTEX INCORPORATED v SURGIMED (PVT) LTD 2002 (2) ZLR 612 (S)
Citation | 2002 (2) ZLR 612 (S) |
Case No | Judgment No. S-100-02 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Cheda JA & Gwaunza AJA |
Heard | 20 June 2002; 11 November 2002 |
Judgment | 11 November 2002 |
Counsel | R M Fitches, for the appellant |
Case Type | Civil Appeal |
Annotations | No case annotations to date |
Flynote
Company — winding up — application — purpose — not to be used for enforcement of payment of debt — application by a single creditor — liquidation should not lightly be granted on application of single creditor
Costs — legal practitioner and client scale — rounds of appeal not proper — abuse of court process Prescription — extinctive —interruption of—application for winding up of debtor company — does not interrupt prescription
Prescription — extinctive — defence of — whether defence may be raised meru motu by court
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