Urgent
Chamber
Application
MUCHAWA
J:
This
is an urgent chamber application in which the interim relief sought
is that 1st 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 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 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 1st 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) @463G-H. This means
there is no legal persona responding to the first respondent.
As
second respondent was sued as secretary of a nonexistent 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.
Zimudzi
& Partners, applicant's legal practitioners
