SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022) [2023] LSHC 138 (14 September 2023)

SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022) [2023] LSHC 138 (14 September 2023)

The application for rescission by Solandra Inc. (In Liquidation) was fatally defective due to lack of locus standi, as the foreign liquidator had not been recognised by the court. However, the court, mero motu, found that the orders of 19 October 2022 were erroneously granted in the absence of an interested party and thus rescinded them under Rule 45(1).

Citation
[2023] LSHC 138
Parties
Applicant: Solandra Inc. (In Liquidation); 1st Respondent: Dalvi Madhav Vasant; 2nd Respondent: CGM Industrial (Pty) Ltd; 3rd Respondent: Presitex Enterprises (Pty) Ltd; 4th Respondent: Ministry of Trade & Industry; 5th Respondent: Registrar of Companies; 6th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 September 2023
Case Number
CCA/0101/2022
Procedural Posture
Application for Rescission of Judgment / Judgment on Rescission Application
Outcome
orders of 19 October 2022 rescinded; Solandra Inc. (In Liquidation) joined as respondent; all acts pursuant to rescinded orders declared null and void; each party to bear its own costs
Legal Topics
Rescission of Judgment, Locus Standi of Foreign Liquidator, Recognition of Foreign Representatives, Joinder of Parties
Source Language
English
Civil Procedure Insolvency Law Company Law Rescission of Judgment Locus Standi of Foreign Liquidator Recognition of Foreign Representatives Joinder of Parties

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Parties

Solandra Inc. (In Liquidation)

Applicant

Dalvi Madhav Vasant

1st Respondent

CGM Industrial (Pty) Ltd

2nd Respondent

Presitex Enterprises (Pty) Ltd

3rd Respondent

Ministry of Trade & Industry

4th Respondent

Registrar of Companies

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment on Rescission Application

Legal Issues

  1. 1 Whether a foreign liquidator must be recognised by the court before instituting proceedings in Lesotho
  2. 2 Whether the orders of 19 October 2022 were erroneously granted in the absence of an interested party
  3. 3 Whether the application for rescission should be granted

Ratio Decidendi

The application for rescission by Solandra Inc. (In Liquidation) was fatally defective due to lack of locus standi, as the foreign liquidator had not been recognised by the court. However, the court, mero motu, found that the orders of 19 October 2022 were erroneously granted in the absence of an interested party and thus rescinded them under Rule 45(1).

Court Disposition

orders of 19 October 2022 rescinded; Solandra Inc. (In Liquidation) joined as respondent; all acts pursuant to rescinded orders declared null and void; each party to bear its own costs

Orders

  • The orders of this court issued on the 19 October 2022 in CCA/0101/2022 are rescinded.
  • Solandra Inc. (In Liquidation) is joined as the respondent.