Legau and Others v Mokhasi (6749/2007) [2008] ZAFSHC 74 (19 June 2008)

Legau and Others v Mokhasi (6749/2007) [2008] ZAFSHC 74 (19 June 2008)

The application was dismissed because the applicants launched it prematurely, ignoring the respondent's written undertaking to hold the annual general meeting in March 2008. The evidence, including affidavits and correspondence, established that the meeting was held as promised. The applicants failed to deny this in their replying affidavit and did not exhaust internal remedies. The court found no basis to deviate from the general rule that costs follow the cause, and ordered the applicants to pay costs.

Citation
[2008] ZAFSHC 74
Parties
Applicant: Dalton Thulane Legau; Applicant: Tubatsi Shadrack Moloi; Applicant: Mho Johannes Mothijoa; Applicant: Ramaele Johannes Motaung; Applicant: Molahlehi Augustus Thoabala; Applicant: Seputswe Daniel Mofokeng; Applicant: Thabo Josias Mokoena; Applicant: Paulus Semola Moloi; Applicant: Petros Matjale Ntombela; Applicant: Pokane Elias Tshabalala; Applicant: Mike Mosiuwa Mofokeng; Respondent: Thabiso Moses Mokhasi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 June 2008
Case Number
6749/2007
Procedural Posture
Urgent Application / Final Judgment on Application
Outcome
Application dismissed with costs.
Judges
M B Molemela
Legal Topics
Internal Governance of Association, Annual General Meeting, Compliance With Constitution, Costs Order
Civil Procedure Commercial and Corporate Internal Governance of Association Annual General Meeting Compliance With Constitution Costs Order

Case Brief

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Parties

Dalton Thulane Legau

Applicant

Tubatsi Shadrack Moloi

Applicant

Mho Johannes Mothijoa

Applicant

Ramaele Johannes Motaung

Applicant

Molahlehi Augustus Thoabala

Applicant

Seputswe Daniel Mofokeng

Applicant

Thabo Josias Mokoena

Applicant

Paulus Semola Moloi

Applicant

Petros Matjale Ntombela

Applicant

Pokane Elias Tshabalala

Applicant

Mike Mosiuwa Mofokeng

Applicant

Thabiso Moses Mokhasi

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application

Legal Issues

  1. 1 Whether the respondent failed to convene an annual general meeting as required by the Standard Constitution.
  2. 2 Whether the application was premature given the respondent's undertaking to hold the meeting.
  3. 3 Whether the applicants exhausted internal remedies before approaching the court.

Ratio Decidendi

The application was dismissed because the applicants launched it prematurely, ignoring the respondent's written undertaking to hold the annual general meeting in March 2008. The evidence, including affidavits and correspondence, established that the meeting was held as promised. The applicants failed to deny this in their replying affidavit and did not exhaust internal remedies. The court found no basis to deviate from the general rule that costs follow the cause, and ordered the applicants to pay costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.