Da Cruz v Manzella and Others (42640/2021) [2024] ZAGPJHC 136 (16 February 2024)

Da Cruz v Manzella and Others (42640/2021) [2024] ZAGPJHC 136 (16 February 2024)

The court found that the applicant was entitled to file a supplementary replying affidavit due to the changed circumstances following the loss of financial records by the first respondent. The first respondent failed to provide adequate access to the accounting records, and her explanations were unpersuasive. The applicant, as a reinstated member of the close corporation, was entitled to inspect the records to inform himself of the corporation's position. The court rejected the first respondent's argument that the applicant was responsible for safeguarding records and found her conduct in administration lacking. The relief sought for debatement of accounts was not granted as it was not...

Citation
[2024] ZAGPJHC 136
Parties
Applicant: Da Cruz, Manuel Jorge Maia; Respondent: Manzella, Patricia Marlene; Respondent: Solbel Properties CC; Respondent: Manzella, Patricia Marlene N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 February 2024
Case Number
42640/2021
Procedural Posture
Urgent Application / Judgment on Interlocutory and Main Application
Outcome
Application granted in part; applicant permitted to file supplementary replying affidavit; first respondent ordered to deliver accounting records; costs awarded to applicant.
Judges
SC Mia
Legal Topics
Supplementary Affidavit Admission, Debate of Accounts, Access to Accounting Records, Close Corporation Member Rights, Costs Award
Civil Procedure Commercial and Corporate Supplementary Affidavit Admission Debate of Accounts Access to Accounting Records Close Corporation Member Rights Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Da Cruz, Manuel Jorge Maia

Applicant

Manzella, Patricia Marlene

Respondent

Solbel Properties CC

Respondent

Manzella, Patricia Marlene N.O.

Respondent

Procedural Posture

Urgent Application / Judgment on Interlocutory and Main Application

Legal Issues

  1. 1 Whether the applicant should be granted leave to file a supplementary replying affidavit.
  2. 2 Whether the first respondent has sufficiently accounted to the applicant before and after the application was launched.
  3. 3 Whether the first respondent can be ordered to debate the second respondent's accounts with the applicant.

Ratio Decidendi

The court found that the applicant was entitled to file a supplementary replying affidavit due to the changed circumstances following the loss of financial records by the first respondent. The first respondent failed to provide adequate access to the accounting records, and her explanations were unpersuasive. The applicant, as a reinstated member of the close corporation, was entitled to inspect the records to inform himself of the corporation's position. The court rejected the first respondent's argument that the applicant was responsible for safeguarding records and found her conduct in administration lacking. The relief sought for debatement of accounts was not granted as it was not...

Court Disposition

Application granted in part; applicant permitted to file supplementary replying affidavit; first respondent ordered to deliver accounting records; costs awarded to applicant.

Orders

  • The applicant is granted leave to file the supplementary replying affidavit attached to his interlocutory application dated 7 July 2022.
  • The first respondent is to deliver copies of the accounting records of the second respondent from 2007 to date, including all books of first accounting entry, written lease agreements, contact details of specified parties, bank statements, and annual financial statements up to February 2023, to the offices of the...