Mrs Kufa, a resident of Bulawayo, is owed $10,000·00 by Velvet Furniture (Pvt) Ltd. The money is owed in respect of furniture making timber supplied to the company during the months January to July 2009. The timber was harvested from Mrs Kufa’s extensive timber plantation near Bulawayo. The registered offi ce of Velvet Furnitures (Pvt) Ltd is in the capital city Harare, about 400 kilometres away. Mrs Kufa’s neighbours, Mr and Mrs Samaita, are the sole shareholders and directors of the company and she has not been on good terms with the couple in recent weeks. She issued a summons against the company and the Samaitas as co-defendants claiming the sum of $10,000·00 plus costs of the suit. Apart from Mrs Kufa the company owes several other creditors various sums of money, which it has failed to pay. The summons was placed in the Samaitas’ home letterbox in Bulawayo.Mrs Kufa approaches you seeking advice on whether she can succeed in having Velvet Furnitures (Pvt) Ltd wound up.Required:In relation to company law advise Mrs Kufa on:
(a) whether or not she should have issued a summons against both the company and the shareholders; (5 marks)
