T.S.S and Another v First National Bank of SA Limited ta FNB and Another (2025/025807) [2025] ZAGPJHC 713 (8 March 2025)

T.S.S and Another v First National Bank of SA Limited ta FNB and Another (2025/025807) [2025] ZAGPJHC 713 (8 March 2025)

The application was struck from the roll for lack of urgency. The court found that the applicants failed to demonstrate genuine urgency, as alternative remedies were available, including implementing agreed corporate governance mechanisms and approaching the bank to unfreeze the accounts. The attempt to strike out the 'with prejudice' offer was dismissed, as such offers are not privileged and may be referred to in proceedings. The court further held that the interdict sought against the second respondent to restrain alleged defamatory statements was not legally sustainable, as the applicant failed to show exceptional circumstances warranting prior restraint. The purported resignation of...

Citation
[2025] ZAGPJHC 713
Parties
Applicant: T[...] S[...] S[...]; Applicant: N AND C MAINTENANCE AND SPARES (PTY) LTD; Respondent: FIRST NATIONAL BANK OF SA LIMITED t/a FNB; Respondent: S[...] S[...]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2025
Case Number
2025/025807
Procedural Posture
Urgent Application / Application to Strike Out and Urgent Interdict; Struck From Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency; costs awarded against the applicants.
Judges
WJ du Plessis
Legal Topics
Urgent Interdict, Corporate Governance, Bank Account Freeze, Privileged Communications, Defamation Interdict
Civil Procedure Commercial and Corporate Urgent Interdict Corporate Governance Bank Account Freeze Privileged Communications Defamation Interdict

Case Brief

Summary, issues, holding and outcome

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Parties

T[...] S[...] S[...]

Applicant

N AND C MAINTENANCE AND SPARES (PTY) LTD

Applicant

FIRST NATIONAL BANK OF SA LIMITED t/a FNB

Respondent

S[...] S[...]

Respondent

Procedural Posture

Urgent Application / Application to Strike Out and Urgent Interdict; Struck From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the freezing of the company's bank accounts by FNB was unlawful and should be set aside.
  2. 2 Whether the application is urgent and should be heard as such.
  3. 3 Whether the applicant is entitled to an interdict restraining the second respondent from making defamatory statements to FNB.

Ratio Decidendi

The application was struck from the roll for lack of urgency. The court found that the applicants failed to demonstrate genuine urgency, as alternative remedies were available, including implementing agreed corporate governance mechanisms and approaching the bank to unfreeze the accounts. The attempt to strike out the 'with prejudice' offer was dismissed, as such offers are not privileged and may be referred to in proceedings. The court further held that the interdict sought against the second respondent to restrain alleged defamatory statements was not legally sustainable, as the applicant failed to show exceptional circumstances warranting prior restraint. The purported resignation of...

Court Disposition

Application struck from the roll for lack of urgency; costs awarded against the applicants.

Orders

  • The application to strike out is dismissed.
  • The matter is struck from the roll for lack of urgency, with costs to be taxed on scale B.