Lotz v Knipe and Others (3864/2018) [2019] ZAFSHC 135 (1 August 2019)

Lotz v Knipe and Others (3864/2018) [2019] ZAFSHC 135 (1 August 2019)

The court found that any sale or cession of the first and second respondents' shares in the companies in liquidation was void under section 341(1) of the Companies Act, as it occurred after the commencement of winding-up without the liquidator's sanction. The respondents failed to provide credible evidence of any...

Source-derived case information.

Citation
[2019] ZAFSHC 135
Parties
Applicant: Caroll Jessie Kathleen Lotz; Respondent: John Douglas Jansen Knipe; Respondent: Andre Bazzett Jansen Knipe; Respondent: The Sheriff Bloemfontein West; Respondent: Bongani Trading CC; Respondent: Robitype CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 August 2019
Case Number
3864/2018
Procedural Posture
Urgent Application / Judgment After Opposed Application and Counter Application
Outcome
Application granted; counter-application dismissed with costs.
Judges
I Van Rhyn
Legal Topics
Final Interdict, Sale in Execution, Companies in Liquidation, Stay of Execution, Section 341 Companies Act, Rule 45a Uniform Rules
Civil Procedure Commercial and Corporate Land and Property Final Interdict Sale in Execution Companies in Liquidation Stay of Execution Section 341 Companies Act +1 more

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Parties

Caroll Jessie Kathleen Lotz

Applicant

John Douglas Jansen Knipe

Respondent

Andre Bazzett Jansen Knipe

Respondent

The Sheriff Bloemfontein West

Respondent

Bongani Trading CC

Respondent

Robitype CC

Respondent

Procedural Posture

Urgent Application / Judgment After Opposed Application and Counter Application

Legal Issues

  1. 1 Whether any sale or cession of the first and second respondents' shares in the companies in liquidation is void under section 341 of the Companies Act.
  2. 2 Whether the applicant is entitled to a final interdict restraining the respondents from selling or ceding their shares and from interfering with execution measures.
  3. 3 Whether the respondents are entitled to a stay of execution of cost orders under Rule 45A pending finalisation of liquidation.

Ratio Decidendi

The court found that any sale or cession of the first and second respondents' shares in the companies in liquidation was void under section 341(1) of the Companies Act, as it occurred after the commencement of winding-up without the liquidator's sanction. The respondents failed to provide credible evidence of any valid cession or sale. The applicant established a clear right to payment of her taxed costs and demonstrated unlawful interference with her right to execute. The respondents' application for a stay of execution was dismissed, as they did not show irreparable harm or any pending review or appeal of the cost orders. The applicant's entitlement to execute was upheld, and the...

Court Disposition

Application granted; counter-application dismissed with costs.

Orders

  • Any sales transaction or cession of the first and second respondents' shares in Kameelhoek (Pty) Ltd and Schaapplaats 978 (Pty) Ltd (in liquidation) is declared void under section 341 of the Companies Act, 61 of 1973.
  • The first and second respondents are prohibited and restrained from selling or ceding their shares in Kameelhoek registration number 19879/000200/07 and Schaapplaats registration number 1979/004048/07 (in liquidation).