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Judgment

In the matter of TYR Capital Partners SPC Ltd

FSD 0370 OF 2023 (DDJ) · 2024-Jun-21

Company law Section 95(2) of the Companies Act (2023 Revision) whether the Petitioner is contractually bound not to present a winding up petition against the Fund and if so whether the petition should be dismissed principles of the construction of contracts necessity for clear and express language where rights and remedies are being abandoned objective consideration of the natural and ordinary meaning of the words and the agreement as a whole in the relevant factual, corporate and documentary context

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