Magano and Others v Kaps and Others (UM92/2020) [2024] ZANWHC 80 (19 March 2024)

Magano and Others v Kaps and Others (UM92/2020) [2024] ZANWHC 80 (19 March 2024)

The court found that the applicants failed to establish that Morweng Attorneys acted without mandate, as documentary evidence and correspondence demonstrated that the attorneys acted on their behalf with their knowledge and consent. The applicants' affidavits in related litigation contradicted their current claims of ignorance, indicating that they were aware of the rescission application and the order granted by Lephadi AJ. The application for rescission was brought more than three years after the order, with no explanation or application for condonation, rendering the delay unreasonable and fatal to their case. The applicants' conduct, including contradictory statements under oath, was...

Citation
[2024] ZANWHC 80
Parties
Applicant: Mayibongwe Caroline Magano; Applicant: Samul Sello Magano; Applicant: Morapedi Donald Seripe; Respondent: Gerrit Deon Kaps; Respondent: Sophy Maphosa; Respondent: Marlien De Bont; Respondent: Mosaic Funeral Group; Respondent: Morweng Attorneys; Respondent: First National Bank Limited
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 March 2024
Case Number
UM92/2020
Procedural Posture
Rescission Application / Application for Rescission of Judgment Under Rule 42(1)(a)
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
FMM Reid
Legal Topics
Rescission of Judgment, Mandate of Attorney, Delay and Condonation, Board Resolution Validity, Bank Account Signatory Change
Civil Procedure Commercial and Corporate Rescission of Judgment Mandate of Attorney Delay and Condonation Board Resolution Validity Bank Account Signatory Change

Case Brief

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Parties

Mayibongwe Caroline Magano

Applicant

Samul Sello Magano

Applicant

Morapedi Donald Seripe

Applicant

Gerrit Deon Kaps

Respondent

Sophy Maphosa

Respondent

Marlien De Bont

Respondent

Mosaic Funeral Group

Respondent

Morweng Attorneys

Respondent

First National Bank Limited

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Judgment Under Rule 42(1)(a)

Legal Issues

  1. 1 Whether the order granted by Lephadi AJ on 25 June 2020 should be rescinded under Rule 42(1)(a).
  2. 2 Whether Morweng Attorneys had a valid mandate to act on behalf of the applicants.
  3. 3 Whether the applicants were aware of the rescission application and the order granted.

Ratio Decidendi

The court found that the applicants failed to establish that Morweng Attorneys acted without mandate, as documentary evidence and correspondence demonstrated that the attorneys acted on their behalf with their knowledge and consent. The applicants' affidavits in related litigation contradicted their current claims of ignorance, indicating that they were aware of the rescission application and the order granted by Lephadi AJ. The application for rescission was brought more than three years after the order, with no explanation or application for condonation, rendering the delay unreasonable and fatal to their case. The applicants' conduct, including contradictory statements under oath, was...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed with costs on a scale as between attorney and client.