HIGH COURT OF LESOTHO
YUDELMAN LESOTHO WHOLESALERS (PTY) LTD
by the Hon. Acting Mr. Justice M. L. Lehohla on the 12th day of
purposes of judgment the two applications above are treated as one.
On 2nd July 1986 applicant sought and obtained a provisional
extension of the return date argument was heard from counsel for both
parties. The petitioner's Counsel argued and prayed
of the provisional order. The application was opposed.
Koornhof the attorney for the petitioner argued that the affairs of
respondents in both applications were interwoven. Hence
to treat these matters as one.
heads of arguments the petitioner submitted that respondent has
committed an act of insolvency and is in fact insolvent.
petitioner has relied on the affidavit of one Gerard John Williamson
who in terms of a Resolution of the board of directors
June 1986 a copy of which is annexed to the papers marked "A",
is authorised to represent it (the petitioner).
In para 3
of his affidavit the deponent avers that Respondent Lefu Gilbert
Tlali carries on business under the firm names of Lefu
Telang Store at Mokhotlong.
Ad 4 he
avers that respondent is indebted to the petitioner in sums of
M100,000 and M23,716-21 with interest at 11% in terms of
dated 28th April 1986 granted in his favour in CIV/T/185/86 and
CIV/T/165/86 with costs amounting to M385-97 and M395-26
avers that the petitioner holds no security for payment of the
amounts appearing loco citato.
keeping with petitioner's attorney's heads of argument the deponent
Ad 6 further averred that respondent's affairs are so closely
and interwoven with the affairs of his company Lefu Wholesalers (Pty)
Ltd that it is extremely difficult to say which assets
belong to him
and, which to his company, or which liabilities are personal to him
and which are those of his company. In an annexure
the petitioner has filed a petition relating to Lefu Wholesalers PTY
Ltd and urges the court to order the
liquidation of that company on
papers filed simulteneously with the ones filed
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