Ferreira and Another v Ferreira and Others (866/2021) [2021] ZAMPMHC 10 (23 March 2021)

Ferreira and Another v Ferreira and Others (866/2021) [2021] ZAMPMHC 10 (23 March 2021)

The court found that the urgency claimed by the applicant was self-created, as she had knowledge of the impending tender deadlines but delayed approaching the court for five weeks. The applicant failed to provide sufficient evidence that the tender process required immediate action and did not identify the creditors holding suretyships. Furthermore, the applicant lacked locus standi to claim direct transfer of membership and shareholding, as such interests must first be transferred to the deceased estate and only then to the heir, subject to compliance with the Estates Act. The applicant also failed to comply with procedural requirements regarding the attorney's mandate for the second...

Citation
[2021] ZAMPMHC 10
Parties
Applicant: Lizelle Ferreira; Applicant: Michael Allan Wood N.O; Respondent: Margaret Theresa Ferreira; Respondent: ABSA Trust; Respondent: Suid-Oos Beltsplicing CC; Respondent: Wonderwheel Belt and Splicing (Pty) Ltd; Respondent: CIPC
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
23 March 2021
Case Number
866/2021
Procedural Posture
Urgent Application / Application to Strike Matter From the Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; costs awarded against the first applicant.
Judges
Brauckmann
Legal Topics
Urgency in Motion Proceedings, Locus Standi, Membership Transfer, Shareholder Agreements
Civil Procedure Commercial and Corporate Urgency in Motion Proceedings Locus Standi Membership Transfer Shareholder Agreements

Case Brief

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Parties

Lizelle Ferreira

Applicant

Michael Allan Wood N.O

Applicant

Margaret Theresa Ferreira

Respondent

ABSA Trust

Respondent

Suid-Oos Beltsplicing CC

Respondent

Wonderwheel Belt and Splicing (Pty) Ltd

Respondent

CIPC

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter From the Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and should be heard on an urgent basis.
  2. 2 Whether the applicant has locus standi to seek transfer of membership and shareholding.
  3. 3 Whether the agreements entitle the applicant to immediate transfer of interests.

Ratio Decidendi

The court found that the urgency claimed by the applicant was self-created, as she had knowledge of the impending tender deadlines but delayed approaching the court for five weeks. The applicant failed to provide sufficient evidence that the tender process required immediate action and did not identify the creditors holding suretyships. Furthermore, the applicant lacked locus standi to claim direct transfer of membership and shareholding, as such interests must first be transferred to the deceased estate and only then to the heir, subject to compliance with the Estates Act. The applicant also failed to comply with procedural requirements regarding the attorney's mandate for the second...

Court Disposition

Application struck off the roll for lack of urgency; costs awarded against the first applicant.

Orders

  • The application is struck off the roll.
  • The first applicant is ordered to pay the costs.