Commonwealth Numbered Acts

COMPANIES ACT 1981 No. 89 of 1981 - SECT 259

259. (1) If-

   (a)  an entry is omitted from the register;

   (b)  an entry is made in the register without sufficient cause;

   (c)  an entry wrongly exists in the register;

   (d)  there is an error or defect in an entry in the register; or

   (e)  default is made or unnecessary delay takes place in entering in the
        register the fact of any person having ceased to be a member, the
        person aggrieved, any member or the company may apply to the Court for
        rectification of the register, and the Court may refuse the
        application or may order rectification of the register and payment by
        the company of any damages sustained by any party to the application.

(2) On any application under sub-section (1), the Court may decide-

   (a)  any question relating to the right of a person who is a party to the
        application to have his name entered in or omitted from the register,
        whether the question arises between-

        (i)    a member or alleged member on the one hand and another member
               or alleged member on the other hand; or

        (ii)   a member or alleged member on the one hand and the company on
               the other hand; and

   (b)  generally any question necessary or expedient to be decided with
        respect to the rectification of the register.

(3) Where a company is required by this Act to lodge a return containing a
list of its members with the Commission, the Court, when making an order for
rectification of the register, shall by its order direct a notice of the
rectification to be so lodged.