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Showing contexts for: code of communidade in Comunidade Of Nagoa Rep. By Its Attorney ... vs The Administrator Communidades Of ... on 17 December, 2025Matching Fragments
1. Heard learned Counsel for the parties.
2. This petition challenges the Administrator's order dated 12.11.2009 and the Administrative Tribunal's order dated 14.07.2011, confirming the Administrator's order on the ground that the Administrator and the Tribunal, have not correctly interpreted the 17th December, 2025 263 WP 200-2013 provisions of Article 438 of the Code of the Communidades.
3. The Petitioner Communidade, by invoking the provisions of Article 438 of the Code of Communidades ("the Code"), requested the Administrator to declare that the Communidade has acquired the shares of some of its Joneiros or Zonnkars, because such Joneiros or Zonnkars have not claimed dividends on such shares for 30 consecutive years.
4. The Administrator, by his order of 12.11.2009, has dismissed the Communidade's application. The contents of the order dated 12.11.2009 are transcribed below for the convenience of reference.
11. Mr. Godinho, learned Counsel for the Communidade, also referred to the provisions of Articles 20, 21 and 22 of the Code in an attempt to make good his submissions that the provisions of Article 438 did not depend upon the Communidade declaring the dividends. Still, they were dependent upon the Zonnkars claiming the zonn by annually enrolling themselves.
12. Article 20 of the Code defines who may be members of the Communidade in accordance with Article 3. Article 21 provides that 17th December, 2025 263 WP 200-2013 the right to zonn of the members is personal, inalienable and imprescriptible, and it shall only commence from the date of the primary enrolment, save for the excepted cases referred to under the said Article.
21. Mr. Godinho, however, referred to Article 3 of the Code. This Article totally provides that each Communidade comprises of a) members by birth-joneiros zonnkars; b) shareholders; c) members by birth and shareholders, and d) participants. Now, this Article does not clarify the question we are confronted with in this matter. This Article also does not throw any light on the interpretation of the provisions of Article 438 of the Code on which the Communidade relies to forfeit or acquire by prescription the shares if the dividends are not claimed for 30 consecutive years.