M.F and Others v C.G.F and Others [2023] ZAGPPHC 161; 26446/2015 (3 March 2023)

M.F and Others v C.G.F and Others [2023] ZAGPPHC 161; 26446/2015 (3 March 2023)

The court found that the order for joinder was purely procedural and did not determine any rights or interests of the joined parties. The joined parties failed to demonstrate any harm or infringement of rights resulting from the joinder, other than inconvenience, which is mitigated by procedural remedies. The defendant, however, would suffer real harm if unable to join the parties, as she would be barred from seeking relief against them in the divorce proceedings. The test for joinder based on direct and substantial interest was met, as the defendant pleaded facts indicating the interconnectedness of the companies, trust, and plaintiff's estate. The application for leave to appeal was...

Citation
[2023] ZAGPPHC 161
Parties
Applicant: M[....]1 F[....]1; Applicant: Marius Freeman NO Trustee of the Freeman Business Trust; Applicant: Mandi Freeman NO Trustee of the Freeman Business Trust; Applicant: John James Freeman NO Trustee of the Freeman Business Trust; Applicant: Ramref Management and Holdings (Pty) Ltd; Applicant: Fermar (Pty) Ltd; Applicant: Kameeldoring Vlak Boerdery (Pty) Ltd; Applicant: Schweizer Abattoir (Pty) Ltd; Applicant: Driven Diesel Enterprises (Pty) Ltd; Applicant: Fermar Cape Town (Pty) Ltd; Applicant: Sable Granite (Pty) Ltd; Applicant: Bhejane Mining and Crushing (Pty) Ltd; Applicant: Bhejane Granite (Pty) Ltd; Applicant: Maxon Security Services (Pty) Ltd; Applicant: R & M Ranch (Pty) Ltd; Applicant: Legad (Pty) Ltd; Applicant: Afropulse 177 (Pty) Ltd; Applicant: Northern Spark Trading (Pty) Ltd; Applicant: Silver Snakes Trading (Pty) Ltd; Applicant: Big Cedar Trading 89 (Pty) Ltd; Applicant: Highland Gate Boerdery (Pty) Ltd; Applicant: GVDM Collections (Pty) Ltd; Applicant: EV Property Holdings (Pty) Ltd; Applicant: Bloemfontein EV Properties (Pty) Ltd; Applicant: Lowveld Sports Initiative (Pty) Ltd; Applicant: M[....]2 F[....]2; Applicant: J[...] J[....] F[....]3; Respondent: C[....] G[....] F[....]4
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2023
Case Number
26446/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Joinder Order
Outcome
Applications for leave to appeal are dismissed.
Judges
de Vos
Legal Topics
Joinder of Parties, Piercing Corporate Veil, Divorce Proceedings, Direct and Substantial Interest
Civil Procedure Family and Children Joinder of Parties Piercing Corporate Veil Divorce Proceedings Direct and Substantial Interest

Case Brief

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Parties

M[....]1 F[....]1

Applicant

Marius Freeman NO Trustee of the Freeman Business Trust

Applicant

Mandi Freeman NO Trustee of the Freeman Business Trust

Applicant

John James Freeman NO Trustee of the Freeman Business Trust

Applicant

Ramref Management and Holdings (Pty) Ltd

Applicant

Fermar (Pty) Ltd

Applicant

Kameeldoring Vlak Boerdery (Pty) Ltd

Applicant

Schweizer Abattoir (Pty) Ltd

Applicant

Driven Diesel Enterprises (Pty) Ltd

Applicant

Fermar Cape Town (Pty) Ltd

Applicant

Sable Granite (Pty) Ltd

Applicant

Bhejane Mining and Crushing (Pty) Ltd

Applicant

Bhejane Granite (Pty) Ltd

Applicant

Maxon Security Services (Pty) Ltd

Applicant

R & M Ranch (Pty) Ltd

Applicant

Legad (Pty) Ltd

Applicant

Afropulse 177 (Pty) Ltd

Applicant

Northern Spark Trading (Pty) Ltd

Applicant

Silver Snakes Trading (Pty) Ltd

Applicant

Big Cedar Trading 89 (Pty) Ltd

Applicant

Highland Gate Boerdery (Pty) Ltd

Applicant

GVDM Collections (Pty) Ltd

Applicant

EV Property Holdings (Pty) Ltd

Applicant

Bloemfontein EV Properties (Pty) Ltd

Applicant

Lowveld Sports Initiative (Pty) Ltd

Applicant

M[....]2 F[....]2

Applicant

J[...] J[....] F[....]3

Applicant

C[....] G[....] F[....]4

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Joinder Order

Legal Issues

  1. 1 Whether the order for joinder of additional parties in divorce proceedings is appealable as an interim/interlocutory order.
  2. 2 Whether the joined parties have demonstrated any direct harm or infringement of rights justifying leave to appeal.
  3. 3 Whether the test for joinder based on direct and substantial interest was correctly applied.

Ratio Decidendi

The court found that the order for joinder was purely procedural and did not determine any rights or interests of the joined parties. The joined parties failed to demonstrate any harm or infringement of rights resulting from the joinder, other than inconvenience, which is mitigated by procedural remedies. The defendant, however, would suffer real harm if unable to join the parties, as she would be barred from seeking relief against them in the divorce proceedings. The test for joinder based on direct and substantial interest was met, as the defendant pleaded facts indicating the interconnectedness of the companies, trust, and plaintiff's estate. The application for leave to appeal was...

Court Disposition

Applications for leave to appeal are dismissed.

Orders

  • The applications for leave to appeal are dismissed.