Malau v Rakgole and Another (2019/24673) [2022] ZAGPJHC 960 (1 December 2022)

Malau v Rakgole and Another (2019/24673) [2022] ZAGPJHC 960 (1 December 2022)

The application cannot be resolved on affidavit due to material disputes of fact regarding the applicant's alleged shareholding and entitlement to dividends and salary. The applicant's founding papers are contradictory and lack detail, but the existence of an agreement cannot be rejected outright. Although the request for referral to trial was made belatedly, the interests of justice require that the matter be referred to trial. The applicant is penalized for unnecessary costs incurred by the respondents due to the late request.

Citation
[2022] ZAGPJHC 960
Parties
Applicant: Ditsepu William Malau; Respondent: Refilwe Rakgole; Respondent: Revcount Logistics
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 December 2022
Case Number
2019/24673
Procedural Posture
Civil Application / Referral to Trial After Opposed Motion
Outcome
Application referred to trial; costs of the opposed application awarded against the applicant.
Judges
N Redman
Legal Topics
Shareholder Dispute, Motion Proceedings, Referral to Trial, Dispute of Fact
Commercial and Corporate Civil Procedure Shareholder Dispute Motion Proceedings Referral to Trial Dispute of Fact

Case Brief

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Parties

Ditsepu William Malau

Applicant

Refilwe Rakgole

Respondent

Revcount Logistics

Respondent

Procedural Posture

Civil Application / Referral to Trial After Opposed Motion

Legal Issues

  1. 1 Whether the applicant is a 10% shareholder in the second respondent.
  2. 2 Whether the applicant is entitled to dividends and salary allegedly due.
  3. 3 Whether the matter can be resolved on affidavit or must be referred to trial due to disputes of fact.

Ratio Decidendi

The application cannot be resolved on affidavit due to material disputes of fact regarding the applicant's alleged shareholding and entitlement to dividends and salary. The applicant's founding papers are contradictory and lack detail, but the existence of an agreement cannot be rejected outright. Although the request for referral to trial was made belatedly, the interests of justice require that the matter be referred to trial. The applicant is penalized for unnecessary costs incurred by the respondents due to the late request.

Court Disposition

Application referred to trial; costs of the opposed application awarded against the applicant.

Orders

  • The matter is referred to trial.
  • The Notice of Motion stands as the summons and the answering affidavit as the respondents' notice of intention to defend.