Mahlangu v Mahlangu and Another (1339/2020) [2020] ZAMPMHC 5 (14 May 2020)

Mahlangu v Mahlangu and Another (1339/2020) [2020] ZAMPMHC 5 (14 May 2020)

The court held that Moremadi S Golden Projects CC, as the holder of the bank account and the entity whose funds are in dispute, has a direct and substantial interest in the relief sought. The failure to join the CC as a party is a procedural defect that cannot be ignored. The court may not grant an order affecting the rights of a party who has not been afforded an opportunity to be heard. The defect is not fatal and may be rectified by joining the CC, but until such joinder occurs, the application cannot proceed. Accordingly, the application was struck off the roll.

Citation
[2020] ZAMPMHC 5
Parties
Applicant: Boykie John Mahlangu; Respondent: Seganabo Gratitude Mahlangu; Respondent: First National Bank
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
14 May 2020
Case Number
1339/2020
Procedural Posture
Urgent Application / Ex Parte Application for Interim Relief
Outcome
Application struck off the roll due to non-joinder of a necessary party.
Judges
Brauckmann
Legal Topics
Joinder of Necessary Parties, Interim Relief, Freezing of Bank Accounts
Civil Procedure Joinder of Necessary Parties Interim Relief Freezing of Bank Accounts

Case Brief

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Parties

Boykie John Mahlangu

Applicant

Seganabo Gratitude Mahlangu

Respondent

First National Bank

Respondent

Procedural Posture

Urgent Application / Ex Parte Application for Interim Relief

Legal Issues

  1. 1 Whether the application can be granted in the absence of the close corporation (CC) as a party.
  2. 2 Whether the failure to join the CC is fatal to the application.
  3. 3 Whether the applicant is entitled to interim relief to freeze funds allegedly belonging to the CC.

Ratio Decidendi

The court held that Moremadi S Golden Projects CC, as the holder of the bank account and the entity whose funds are in dispute, has a direct and substantial interest in the relief sought. The failure to join the CC as a party is a procedural defect that cannot be ignored. The court may not grant an order affecting the rights of a party who has not been afforded an opportunity to be heard. The defect is not fatal and may be rectified by joining the CC, but until such joinder occurs, the application cannot proceed. Accordingly, the application was struck off the roll.

Court Disposition

Application struck off the roll due to non-joinder of a necessary party.

Orders

  • The application is struck off.