Strydom N.O. and Others v Bakkes (33443/2014) [2015] ZAGPPHC 187 (6 February 2015)

Strydom N.O. and Others v Bakkes (33443/2014) [2015] ZAGPPHC 187 (6 February 2015)

The court found that the interveners failed to establish locus standi, as they did not have liquidated claims against Bakkes and did not comply with procedural requirements for intervention in sequestration proceedings. Their claims were unassessed and contingent, and they failed to provide security or proper notice to interested parties. The allegations of collusion and abuse of process were unsupported by evidence. The court held that the curators, as judgment creditors, were entitled to seek sequestration, and that the interveners' opposition was procedurally and substantively defective. The late filings and irregular conduct of interveners' counsel warranted a costs order de bonis...

Citation
[2015] ZAGPPHC 187
Parties
Applicant: Pieter Hendrik Strydom N.O.; Applicant: John Roderick Graeme Polson N.O.; Applicant: Louis Strydom N.O.; Respondent: Johan Hendrik Bakkes; Applicant: Bhekama Swazi Mshizobomvu Manana; Applicant: Vincent Trevor Smith
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 February 2015
Case Number
33443/2014
Procedural Posture
Sequestration Application / Return Date of Provisional Sequestration Order; Application for Leave to Intervene
Outcome
Final sequestration order granted against Bakkes; application for leave to intervene dismissed with costs.
Judges
Strauss
Legal Topics
Sequestration, Intervention in Sequestration, Locus Standi, Liquidated Claims, Abuse of Process
Civil Procedure Banking and Finance Sequestration Intervention in Sequestration Locus Standi Liquidated Claims Abuse of Process

Case Brief

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Parties

Pieter Hendrik Strydom N.O.

Applicant

John Roderick Graeme Polson N.O.

Applicant

Louis Strydom N.O.

Applicant

Johan Hendrik Bakkes

Respondent

Bhekama Swazi Mshizobomvu Manana

Applicant

Vincent Trevor Smith

Applicant

Procedural Posture

Sequestration Application / Return Date of Provisional Sequestration Order; Application for Leave to Intervene

Legal Issues

  1. 1 Whether the interveners should be granted leave to intervene in the sequestration application.
  2. 2 Whether the provisional sequestration order against Bakkes should be made final.
  3. 3 Whether the interveners have locus standi and liquidated claims to justify intervention.

Ratio Decidendi

The court found that the interveners failed to establish locus standi, as they did not have liquidated claims against Bakkes and did not comply with procedural requirements for intervention in sequestration proceedings. Their claims were unassessed and contingent, and they failed to provide security or proper notice to interested parties. The allegations of collusion and abuse of process were unsupported by evidence. The court held that the curators, as judgment creditors, were entitled to seek sequestration, and that the interveners' opposition was procedurally and substantively defective. The late filings and irregular conduct of interveners' counsel warranted a costs order de bonis...

Court Disposition

Final sequestration order granted against Bakkes; application for leave to intervene dismissed with costs.

Orders

  • The estate of Johan Hendrik Bakkes is finally sequestrated.
  • The application for leave to intervene by Manana and Smith is dismissed with costs on an attorney and client scale, including costs of senior and junior counsel.