Lekoko and Others v ABSA Bank Ltd and Others (UM20/2023) [2023] ZANWHC 141 (26 July 2023)

Lekoko and Others v ABSA Bank Ltd and Others (UM20/2023) [2023] ZANWHC 141 (26 July 2023)

The court found that the respondents' application for leave to appeal was premature, as reasons for the original order had not yet been provided and the timeframes in Rule 49(1)(b) had not lapsed. The respondents' conduct was opportunistic and intended to frustrate enforcement of the order. The applicants demonstrated exceptional circumstances justifying enforcement of the order pending appeal, including ongoing prejudice and disruption to the Trust's business. The respondents' points in limine regarding authority and urgency were rejected as lacking merit. The counter-application was dismissed as irrelevant to the enforcement sought. The court ordered that the original order operate and...

Citation
[2023] ZANWHC 141
Parties
Applicant: Kgosi Kopano Simon Lekoko and 73 Others; Respondent: ABSA Bank Ltd; Respondent: Master of the High Court: Mafikeng; Respondent: Mogomotsi Hendrick Mmutle, N.O; Respondent: Joseph Seranyane Ndlovu, N.O; Respondent: Kaene Innocent Melomi, N.O; Respondent: Kgosimodimo Reginald Kgetsane, N.O; Respondent: Lebang Ernest Baitlhoi, N.O; Respondent: Batlang Miranda Mokgosi, N.O; Respondent: David Tselayabotlhe Molusi, N.O; Respondent: Jeffrey Nkarabang Madola, N.O; Respondent: Mosimanegape Harold Sepako, N.O; Respondent: Lebogang Emmanual Xaba, N.O; Respondent: Goarabaone Emmanuel Leutlwetse, N.O; Respondent: Mariba Land Development Trust
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
26 July 2023
Case Number
UM20/2023
Procedural Posture
Urgent Application / Application for Enforcement of Order Pending Appeal
Outcome
Application granted. Respondents ordered to pay costs. Counter-application dismissed with costs.
Judges
S Mfenyana
Legal Topics
Enforcement of Court Orders, Urgent Interdict, Trust Management, Leave to Appeal, Authority of Trustees
Civil Procedure Commercial and Corporate Enforcement of Court Orders Urgent Interdict Trust Management Leave to Appeal Authority of Trustees

Case Brief

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Parties

Kgosi Kopano Simon Lekoko and 73 Others

Applicant

ABSA Bank Ltd

Respondent

Master of the High Court: Mafikeng

Respondent

Mogomotsi Hendrick Mmutle, N.O

Respondent

Joseph Seranyane Ndlovu, N.O

Respondent

Kaene Innocent Melomi, N.O

Respondent

Kgosimodimo Reginald Kgetsane, N.O

Respondent

Lebang Ernest Baitlhoi, N.O

Respondent

Batlang Miranda Mokgosi, N.O

Respondent

David Tselayabotlhe Molusi, N.O

Respondent

Jeffrey Nkarabang Madola, N.O

Respondent

Mosimanegape Harold Sepako, N.O

Respondent

Lebogang Emmanual Xaba, N.O

Respondent

Goarabaone Emmanuel Leutlwetse, N.O

Respondent

Mariba Land Development Trust

Respondent

Procedural Posture

Urgent Application / Application for Enforcement of Order Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to enforcement of the court order pending the appeal process.
  2. 2 Whether the respondents' application for leave to appeal is premature in the absence of reasons for the original order.
  3. 3 Whether the matter is urgent and warrants deviation from normal rules.

Ratio Decidendi

The court found that the respondents' application for leave to appeal was premature, as reasons for the original order had not yet been provided and the timeframes in Rule 49(1)(b) had not lapsed. The respondents' conduct was opportunistic and intended to frustrate enforcement of the order. The applicants demonstrated exceptional circumstances justifying enforcement of the order pending appeal, including ongoing prejudice and disruption to the Trust's business. The respondents' points in limine regarding authority and urgency were rejected as lacking merit. The counter-application was dismissed as irrelevant to the enforcement sought. The court ordered that the original order operate and...

Court Disposition

Application granted. Respondents ordered to pay costs. Counter-application dismissed with costs.

Orders

  • The Rules relating to forms, service, and time periods are dispensed with; the matter is heard as an urgent application.
  • The order granted on 14 June 2023 by Djaje DJP shall operate and be enforceable pending the appeal process.