HIGH COURT OF THE REPUBLIC OF BOTSWANA

STAFF WRITER | Tuesday October 29, 2024 10:36

 

IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA HELD AT MAUN

Case No: MAHMN – 000017 / 23

In the matter of between;

OBAKENG MACRIDGER LEMPADI APPLICANT

And

O² CONSULTING (PROPRIETARY) LIMITED RESPONDENT

(Under Provisional Judicial Management)

IN RE:

OBAKENG MACRIDGER LEMPADI PETITIONER

And

O² CONSULTING (PROPRIETARY) LIMITED RESPONDENT

(Under Provisional Judicial Management)

DRAFT ORDER

BEFORE THE HON. JUSTICE NTHOMIWA sitting at MAUN on the 11th day of September 2024;

UPON hearing Attorney Mr Moyo K. A for the Petitioner; and the intervening party absent and having read the documents filed of record;

IT IS HEREBY ORDERED THAT;

Order granted in terms of the draft order filed on the 5th July 2024 as follows;

*The provisional order placing the Respondent under judicial management issued by this Court on the 1st March 2023 is discharged.

*The rules of this Honourable Court relating to form, service and time limits are hereby dispensed with and this matter is declared and treated as urgent in terms of Order 12 Rule 12(1);

*The Respondent is hereby placed under provisional liquidation;

*A rule nisi is hereby issued calling upon all interested persons to show cause why, if any, on the 18th day of November 2024 at 08:30am; the provisional order for the liquidation of the Respondent should not be made final; costs of this petition should not be costs in the liquidation;

*The Master of the High Court is directed, subject to the provisions of Sections 381,382 and 445 of the Companies Act Cap 42:01 inclusive, to appoint Leon Mtyambizi as Provisional Liquidator of the Respondent;

*Leave is granted to the Provisional Liquidator to exercise such powers as outlined in terms of Section 384 of the Companies Act Cap 42:01 as may be beneficial to the winding up of the Respondent pending the First Meeting of the Creditors;

*A copy of this Order is to be published twice in the Government Gazette and in any newspaper circulating within Botswana.

BY THE COURT

REGISTRAR