Masizenzele Primary Co-operative Ltd and Others v King Sabata Dalindyebo Secondary Co-operative Ltd and Others (1178/2009) [2011] ZAECMHC 20

14th November 2011 By: Creamer Media Reporter

[1] Following the launching on urgent basis of an application by the applicants, the following order was issued by consent on the 2nd of July 2009.

1. That this court dispenses with the Rules of Court relating o service, time periods and declaring this matter to be heard as one of urgency in terms of Rule 6(12)(a) of the Uniform Rules of this Court.

2. That a Rule Nisi is hereby issued calling upon the Respondent to show cause on 23rd July 2009 at 10H00 why an order in the following terms should not be made final:-

2.1 That the third respondent is directed to pay the amount in the sum of four million rands (R4 000 000-00) or any amount due by the third respondent to the first respondent into Bahle and Associates Trust Account No-621 710 66 030 held at First National Bank, Mthatha within (ten) 10 days from the date of service of this order.

2.2 That the second and third respondents be and are hereby directed to stop any payment due to the first respondent, being in respect of services for school nutrition programme pending proper appointment of a new board of directors of the first respondent.

2.3 That the old board of directors of the first respondent are hereby directed to convene a special general meeting for the purpose of appointing a new board of directors within five (5) days from the granting of the final order failing which the first to tenth respondents are granted leave by this court to convene a special general meeting of the first respondent and in both instances the notice of the meeting shall be served upon the respective firm of attorneys not later than five (5) days before the meeting.

2.4 That the respondents are directed to pay costs of this application on attorney ant client scale only on opposition of this application.

3. That costs of today are costs in the cause.

4. That paragraph 2.1 of this order shall operate as an interim relief pending the finalization of this application.

5. That the first respondent is directed to deliver its answering affidavit not later than 10 July 2009.

6. That the applicants are directed to deliver their replying affidavit(s), if any, not later than 20 July 2009.