This is an urgent chamber application in which the interim relief sought is that the first respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order.As a final order, it is prayed that ...
This is an urgent chamber application in which the interim relief sought is that the first respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order.
As a final order, it is prayed that the provisional order be confirmed with the respondents paying costs.
The applicant dragged to court an entity called Balwearie Holdings (Private) Limited whose particulars were provided as a company registered under company number 45/77 as first respondent, and the second respondent is Sabre Services (Private) Limited, a company which is cited in its capacity as the first respondent's company secretary.
Points in limine were taken by the second respondent:
(i) The first, which was backed by an order under case number HC2860/20, which is extant, clearly showed that the first respondent was held to be dissolved by that court order.
The effect of dissolution of a company is that its legal personality comes to an end. It ceases to exist. It cannot sue or be sued: see Bowman NO v Sacks and Ors 1986 (4) SA 459 (W)…,.
This means there is no legal persona responding to the first respondent.
As the second respondent was sued as secretary of a non-existent entity, it too cannot be properly dragged to court.
Further, a company cannot be a secretary of another company.
Consequently, there are no respondents before me. I uphold the points in limine. The appropriate remedy is to strike off this matter with an order of costs on an ordinary scale.
