Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)

Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)

The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for liquidation was therefore dismissed, and costs were awarded to the respondent, including the costs...

Citation
[2025] ZAGPPHC 781
Parties
Applicant: Akani Building Solutions (Pty) Limited; Respondent: Lebo Tebo Trading and Projects CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 August 2025
Case Number
2024-033125
Procedural Posture
Liquidation Application / Hearing and Judgment
Outcome
Application for liquidation dismissed; costs awarded to respondent, including costs of two counsel.
Judges
J Vorster
Legal Topics
Close Corporations Act Liquidation, Bona Fide Dispute of Indebtedness, Badenhorst Rule, Costs Award, Contractual Dispute
Commercial and Corporate Civil Procedure Close Corporations Act Liquidation Bona Fide Dispute of Indebtedness Badenhorst Rule Costs Award Contractual Dispute

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 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Akani Building Solutions (Pty) Limited

Applicant

Lebo Tebo Trading and Projects CC

Respondent

Procedural Posture

Liquidation Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the respondent's indebtedness to the applicant is disputed on bona fide and reasonable grounds.
  2. 2 Whether the applicant is entitled to a liquidation order against the respondent.
  3. 3 Whether the applicant's claim was impermissibly broadened in reply.

Ratio Decidendi

The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for liquidation was therefore dismissed, and costs were awarded to the respondent, including the costs...

Court Disposition

Application for liquidation dismissed; costs awarded to respondent, including costs of two counsel.

Orders

  • The liquidation application is dismissed.
  • The applicant is ordered to pay the costs occasioned by the application on scale C, including those occasioned by the employment of two counsel.