The High Court granted leave to appeal after dismissing the applicants' point in limine with costs. The judgment says the dispute concerned whether a 13 December 2024 resolution could authorise proceedings before the respondent came into existence on 16 December 2024, and whether a later 31 December 2024 resolution could ratify it.
This may be relevant to leave to appeal and disputes about corporate or association resolutions used to authorise litigation.
Evidence from source
the applicants seek leave to appeal.
Supports: Plain summary sentence 1 about leave to appeal being granted after the earlier dismissal.
The respondent was only formed, and thus only acquired a right to sue in its own name, when it came into existence on 16 December 2024, upon signature of its constitution.
Supports: Plain summary sentence 2 about the respondent's formation date and the resolution issue.
Accordingly, I order that: 1. Leave to appeal is granted to the full court of the Gauteng Division of the High Court, Johannesburg.
Supports: Plain summary sentence 1 about leave to appeal being granted.