Makondo v Makondo and Others (35399/2015) [2015] ZAGPPHC 606 (21 August 2015)

Makondo v Makondo and Others (35399/2015) [2015] ZAGPPHC 606 (21 August 2015)

The court found that the applicant, the first respondent, and the second respondent were equal members of Melco Consulting & Projects CC, and that the applicant was removed from membership without any written proof of resignation or agreement. The first respondent failed to produce any documentation or credible evidence supporting her claim of lawful removal, and her version was found to be contrived and unsupported. The applicant demonstrated a clear right to relief, as she was unjustly dispossessed of her membership and access to the corporation's bank account. The court held that the removal was unlawful and ordered reinstatement of the applicant's membership, interdicted the first...

Citation
[2015] ZAGPPHC 606
Parties
Applicant: Rhandani Gizzla Makondo; Respondent: Maxangu Collet Makondo; Respondent: Thobile Melania Mfeka; Respondent: Melco Consulting & Projects CC; Respondent: The Registrar of Companies and Close Corporations; Respondent: First Rand Bank Limited t/a inter alia First National Bank Business Banking (formerly First National Bank of Southern Africa)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 August 2015
Case Number
35399/2015
Procedural Posture
Urgent Application / Application for Urgent Interdict and Declaratory Relief
Outcome
Application granted in substantial part; applicant reinstated as member and interdicts issued.
Judges
M W Msimeki
Legal Topics
Close Corporation Membership, Unlawful Removal of Member, Interdict, Bank Account Control, Urgent Interdict, Corporate Governance
Commercial and Corporate Civil Procedure Close Corporation Membership Unlawful Removal of Member Interdict Bank Account Control Urgent Interdict Corporate Governance

Case Brief

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Parties

Rhandani Gizzla Makondo

Applicant

Maxangu Collet Makondo

Respondent

Thobile Melania Mfeka

Respondent

Melco Consulting & Projects CC

Respondent

The Registrar of Companies and Close Corporations

Respondent

First Rand Bank Limited t/a inter alia First National Bank Business Banking (formerly First National Bank of Southern Africa)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the applicant was unlawfully removed as a member of Melco Consulting & Projects CC.
  2. 2 Whether the applicant is entitled to reinstatement as a member of the close corporation.
  3. 3 Whether the first respondent should be interdicted from transacting on the corporation's bank account without consent.

Ratio Decidendi

The court found that the applicant, the first respondent, and the second respondent were equal members of Melco Consulting & Projects CC, and that the applicant was removed from membership without any written proof of resignation or agreement. The first respondent failed to produce any documentation or credible evidence supporting her claim of lawful removal, and her version was found to be contrived and unsupported. The applicant demonstrated a clear right to relief, as she was unjustly dispossessed of her membership and access to the corporation's bank account. The court held that the removal was unlawful and ordered reinstatement of the applicant's membership, interdicted the first...

Court Disposition

Application granted in substantial part; applicant reinstated as member and interdicts issued.

Orders

  • The first respondent is interdicted and prohibited from making any further transactions on the business banking account of Melco Consulting & Projects CC, account number [.....], held with First National Bank, Carlswald Branch, subject to paragraphs 2 and 6.
  • No payment may be made from the business bank account unless all members have consented thereto in writing.