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Leave to appeal was refused by the court a quo but granted by this court on limited grounds. In the matter between: CLOSE X Please disable your ad blocker or update your settings to ensure that javascript and cookies are enabled , so that we can continue to provide you with the first-rate market news and data you’ve come to expect from us. Go Now Clear List. The attachment of the property if it took place after deregistration and the sale in execution were corporate activities of the first respondent during its deregistration. The refusal of this relief should have resulted in substantial success for the appellant in the court a quo.

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Supreme Court of Appeal You are here: The respondents claimed relief only on the ground that the first respondent had been deregistered when the sale in execution took place. The court a quo held that on both these grounds, the deregistration of the first respondent rendered the sale in execution of the property invalid and that it fell to be set aside.

Boqwana Burns Attorneys, Pretoria. The court a quo also ordered the appellant to pay the costs of the application para 3. The leave to appeal is limited to the following issue: At the same time a mortgage bond in favour of the third respondent, Absa Bank Ltd Absawas registered over the property. In the matter between: Leave to appeal was refused by the court a quo but granted by this court on limited grounds.

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It is noteworthy that it was not alleged that the respondents were unaware of the deregistration. CLOSE X Please disable your ad blocker or update your settings to ensure that javascript and cookies are enabledso that we can continue to provide you with the first-rate market news and data you’ve come to expect from us. The order of this court provided: Such property passes to the State without any form of delivery. In my judgment the respondents must bear the costs in the court below.

It does not appear from the evidence whether the attachment took place before or after 1 Marchbut as I will show, nothing turns on this.

The refusal of this relief should have resulted in substantial success for the appellant in the court a quo. These symbols will be available during your session for use on applicable pages.

There is no evidence that zn the time of the sale in execution Absa, the sheriff or the appellant was aware of the deregistration of the first respondent. Paragraph 1 of its order directed the CIPC to reinstate the first respondent.

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Research Brokers before you trade. The attachment of the property if it took place after deregistration and the sale in execution were corporate activities of the first respondent during its deregistration. Claude Reid Attorneys, Bloemfontein.

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Enter up to 25 symbols separated by commas or znm in the text box below. Shubnam Singh Attorneys, Pretoria. In that case, an attachment and sale in execution of property of a close corporation took place after its deregistration and the court held that the sale was invalid.

Both the first and second respondents the respondents sought an order, inter alia, that the CIPC be authorised to reinstate the first respondent and that the sale in execution of the property to the appellant be declared invalid and set aside. Alphabetize the sort order of my snk. If you have any questions or encounter any issues in changing your default settings, please email isfeedback nasdaq.

Use the Symbol Lookup tool. It nzk clear that the main purpose of the application was to nullify the sale of the property to the appellant. Costs of the appeal should follow the result.

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Don’t know the stock symbol? At all relevant times the second respondent, Mr Lucky Kgomotso Mokwena, was the sole member of the first respondent. It also held that the property became bona vacantia and vested in the State.