Somasiphula General Trading CC and Another v Van's Afslaers Gauteng (Pty) Ltd and Others (88160/2018)
Somasiphula General Trading CC and Another v Van's Afslaers Gauteng (Pty) Ltd and Others (88160/2018) [2022] ZAGPPHC 345 (16 May 2022)
The court found that the applicants failed to provide a reasonable explanation for their default, as Mr. Mahlangu, a member of the applicant, had knowledge of the proceedings and failed to act. Service was properly effected at the registered address and chosen domicilium citandi et executandi, with personal service on a family member. The lack of authority defence was rejected, as Mr. Mahlangu acted as the face of the applicant and was clothed with ostensible authority. The suretyship defence was dismissed based on established case law that a member of a close corporation is a co-manager and…
Source excerpt
- Recission Of Default Judgment
- Close Corporation Authority
- Service Of Process
- Suretyship In Close Corporations