Netcare Hospitals (PTY)Ltd & 2 Others V Tsepong (PTY) Ltd (CCT/0079/2024) [2024] LSHC 243 (5 December 2024)

Netcare Hospitals (PTY)Ltd & 2 Others V Tsepong (PTY) Ltd (CCT/0079/2024) [2024] LSHC 243 (5 December 2024)

The round robin resolution authorizing Professor Mosotho to institute proceedings on behalf of the defendant was invalid because not all directors, including a de facto director, were notified. Consequently, Professor Mosotho lacked authority to bring the application, rendering the rescission application fatally defective. Condonation for late filing of certain confirmatory affidavits was refused as the proper procedure was not followed.

Citation
[2024] LSHC 243
Parties
1st Plaintiff: Netcare Hospitals (Pty) Ltd; 2nd Plaintiff: Netcare Hospitals Lesotho (Pty) Ltd; 3rd Plaintiff: Botle Facilities Management (Pty) Ltd; Defendant: Tšepong (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
5 December 2024
Case Number
CCT/0079/2024
Procedural Posture
Commercial / Ruling on Condonation, Authority, and Rescission Application
Outcome
Application dismissed
Legal Topics
Authority to Institute Proceedings, Board Resolutions, Default Judgment, Condonation, Filing of Affidavits
Source Language
English
Company Law Civil Procedure Authority to Institute Proceedings Board Resolutions Default Judgment Condonation Filing of Affidavits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Netcare Hospitals (Pty) Ltd

1st Plaintiff

Netcare Hospitals Lesotho (Pty) Ltd

2nd Plaintiff

Botle Facilities Management (Pty) Ltd

3rd Plaintiff

Tšepong (Pty) Ltd

Defendant

Procedural Posture

Commercial / Ruling on Condonation, Authority, and Rescission Application

Legal Issues

  1. 1 Whether confirmatory affidavits filed late can be admitted via condonation application
  2. 2 Whether Professor Mosotho had authority to institute proceedings on behalf of the defendant
  3. 3 Whether the default judgment should be rescinded

Ratio Decidendi

The round robin resolution authorizing Professor Mosotho to institute proceedings on behalf of the defendant was invalid because not all directors, including a de facto director, were notified. Consequently, Professor Mosotho lacked authority to bring the application, rendering the rescission application fatally defective. Condonation for late filing of certain confirmatory affidavits was refused as the proper procedure was not followed.

Court Disposition

Application dismissed

Orders

  • Condonation for late admission of confirmatory affidavits of Dr Friedland and Ms May Moteane is dismissed with costs.
  • Leave to file confirmatory affidavit of Deputy Sheriff Koloi is granted with costs.