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T One C Trading and Projects (Pty) Ltd v Cape Finance Corporation (Pty) Ltd (1615/25) [2025] ZAMPMHC 22 (7 April 2025)
An urgent application to compel return of a truck was struck off after the court found the applicant had not proved authority to litigate for the company.
FAIS Ombud v Commission for Conciliation, Mediation and Arbitration and Others (JR192/18) [2021] ZALCJHB 281; (2021) 42 ILJ 2603 (LC) (27 August 2021)
The court found that the applicant failed to provide evidence that Ms Bam was authorised by the Board to institute the review application and subsequent interlocutory applications. The affidavits relied upon did not constitute proper authority, as only a Board resolution can authorise the institution of proceedings by a juristic person. The absence of such a resolution is fatal, and locus standi cannot be established in replying affidavits or by confirmatory affidavits from individuals who did not hold office at the relevant times. The applications were instituted without proper authority and…
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