Olympic Flame (Pty) Ltd v Connectpro (Pty) Ltd t/a Nashua Welkom (5790/2021)
Olympic Flame (Pty) Ltd v Connectpro (Pty) Ltd t/a Nashua Welkom (5790/2021) [2024] ZAFSHC 17 (24 January 2024)
The court found that Olympic Flame (Pty) Ltd did not have authority to institute the rescission application or to oppose the rule 30/30A applications at the relevant times, as no proper company resolution or authorisation existed when litigation commenced. Attempts to ratify authority retrospectively were procedurally and constitutionally unacceptable. The late filing of the rescission application and replying affidavit was not satisfactorily explained, and condonation could not be granted. The confirmatory affidavit was filed without leave of court and constituted an irregular step. Olympic…
Source excerpt
- Authority To Litigate
- Rescission Of Default Judgment
- Condonation
- Rule 30 30a Irregular Steps
- Company Resolution
- Contractual Obligations