Highlande Energy (Pty) Ltd and Another v Standard Bank of South Africa Limited and Others (2025/058512) [2025] ZAGPJHC 452 (8 May 2025)

Highlande Energy (Pty) Ltd and Another v Standard Bank of South Africa Limited and Others (2025/058512) [2025] ZAGPJHC 452 (8 May 2025)

The court found that the majority of the parties, including Highlande Energy (Pty) Ltd, the Second and Third Respondents, reside in Cape Town, and the company's registered address is in Cape Town. The cause of action did not arise within the jurisdiction of the South Gauteng High Court, and there was no evidence that the alleged fraud occurred in Johannesburg. The relief sought in both Part A and Part B of the application concerns parties and subject matter outside the court's jurisdiction. Accordingly, the court upheld the point in limine and dismissed the application for lack of jurisdiction.

Citation
[2025] ZAGPJHC 452
Parties
Applicant: Highlande Energy (Pty) Ltd; Applicant: Angelo Martins Estevao; Respondent: Standard Bank of South Africa Limited; Respondent: Sue Anne Fisher; Respondent: Anelisa Kelembe; Respondent: Companies and Intellectual Property Commission
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2025
Case Number
2025/058512
Procedural Posture
Urgent Application / Jurisdictional Point in Limine Decided; Application Dismissed
Outcome
Application dismissed for lack of jurisdiction; costs awarded against applicants on Scale C.
Judges
Epstein
Legal Topics
Jurisdiction, Interdict, Directorship Dispute, Shareholder Rights, Bank Account Access
Civil Procedure Commercial and Corporate Jurisdiction Interdict Directorship Dispute Shareholder Rights Bank Account Access

Case Brief

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Parties

Highlande Energy (Pty) Ltd

Applicant

Angelo Martins Estevao

Applicant

Standard Bank of South Africa Limited

Respondent

Sue Anne Fisher

Respondent

Anelisa Kelembe

Respondent

Companies and Intellectual Property Commission

Respondent

Procedural Posture

Urgent Application / Jurisdictional Point in Limine Decided; Application Dismissed

Legal Issues

  1. 1 Whether the South Gauteng High Court has jurisdiction over the parties and subject matter of the application.
  2. 2 Whether urgent interdictory relief can be granted against respondents residing outside the court's jurisdiction.
  3. 3 Whether the cause of action arose within the area of jurisdiction of this court.

Ratio Decidendi

The court found that the majority of the parties, including Highlande Energy (Pty) Ltd, the Second and Third Respondents, reside in Cape Town, and the company's registered address is in Cape Town. The cause of action did not arise within the jurisdiction of the South Gauteng High Court, and there was no evidence that the alleged fraud occurred in Johannesburg. The relief sought in both Part A and Part B of the application concerns parties and subject matter outside the court's jurisdiction. Accordingly, the court upheld the point in limine and dismissed the application for lack of jurisdiction.

Court Disposition

Application dismissed for lack of jurisdiction; costs awarded against applicants on Scale C.

Orders

  • The application is dismissed.
  • Applicants are ordered to pay costs on Scale C.