Magabe v and Another v Color Black Projects Management CC; In re: Color Black Projects Management CC v Mafuri Turnkey Accelerated Construction (Pty) Ltd (36032/2017) [2017] ZAGPPHC 588 (11 September 2017)

Magabe v and Another v Color Black Projects Management CC; In re: Color Black Projects Management CC v Mafuri Turnkey Accelerated Construction (Pty) Ltd (36032/2017) [2017] ZAGPPHC 588 (11 September 2017)

The court found that the applicants failed to advance any compelling reasons for the matter to be heard on an urgent basis. The evidence showed that the applicants and their attorney were aware of the impending winding up proceedings well before the order was granted. The correspondence attached by the respondent demonstrated that the applicants had been properly notified. Consequently, the court held that the application for rescission lacked urgency and should not be entertained on the urgent roll.

Citation
[2017] ZAGPPHC 588
Parties
Applicant: Morwana Bernard Magabe; Applicant: Khutso Magabe; Respondent: The Colour Black Projects Management CC (in liquidation); Respondent: Mafuri Turnkey Accelerated Construction (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 September 2017
Case Number
36032/2017
Procedural Posture
Urgent Application / Application for Rescission of Winding Up Order
Outcome
Application for rescission struck off the roll for want of urgency with costs.
Judges
Hughes
Legal Topics
Rescission of Judgment, Urgency, Winding Up Proceedings
Civil Procedure Rescission of Judgment Urgency Winding Up Proceedings

Case Brief

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Parties

Morwana Bernard Magabe

Applicant

Khutso Magabe

Applicant

The Colour Black Projects Management CC (in liquidation)

Respondent

Mafuri Turnkey Accelerated Construction (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Winding Up Order

Legal Issues

  1. 1 Whether the application for rescission of the winding up order should be heard as an urgent matter.
  2. 2 Whether the applicants have advanced sufficient reasons for urgency.
  3. 3 Whether the applicants were properly notified of the winding up proceedings.

Ratio Decidendi

The court found that the applicants failed to advance any compelling reasons for the matter to be heard on an urgent basis. The evidence showed that the applicants and their attorney were aware of the impending winding up proceedings well before the order was granted. The correspondence attached by the respondent demonstrated that the applicants had been properly notified. Consequently, the court held that the application for rescission lacked urgency and should not be entertained on the urgent roll.

Court Disposition

Application for rescission struck off the roll for want of urgency with costs.

Orders

  • The application for rescission is struck off the roll for want of urgency.
  • The applicants are ordered to pay the costs.