AFFIDAVIT

Am affidavit

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AFFIDAVIT

Am affidavit

Caricato da

Katlego Baruti

Per noi i diritti sui contenuti sono una cosa seria. Se sospetti che questo contenuto sia tuo, rivendicalo qui.

Formati disponibili

Scarica in formato DOCX, PDF, TXT o leggi online su Scribd

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IN THE HIGH COURT OF THE REPUBLIC OF BOTSWANA

HELD AT FRANCISTOWN
CASE NO.
In the matter between:

MOTLHODI LENTSWE Applicant

And

TUMSY GEORGE Respondent

FOUNDING AFFIDAVIT

I, the undersigned

MOTLHODI LENTSWE

Do hereby make oath and state that:

1. Do hereby make oath and state that I am an adult male of full legal
capacity and the applicant herein of

2. The facts herein contained, unless otherwise stated or indicated, are

within my own personal knowledge.

3. The 1st Respondent is Aaron Mpirinyane an adult male of full legal

capacity a business man, whose address IS P.O. Box 60269
Gaborone and otherwise whose further and better particulars are to the
Applicant unknown.

4. The 2nd Respondent is AMCO Building Construction, a company

registered and incorporated under the laws of Botswana, whose
address is P.O. Box 60269 Gaborone, otherwise whose further and
better particulars are to the Applicant unknown.

5. The genesis of this matter dates back to the 23rd of September 1999,
when myself, Obakeng Moruti and (Abel Maphosa) now deceased
registered and incorporated a company trading as A.O.P Steel
fabricators and Electrical Installations (herein referred to as the
‘company’ used interchangeably with a ‘going concern’), in which we
held shares equally. However it transpired that after so doing Obakeng
Moruti became inactive in that his contribution was only to the extent of
registration and thereafter, by his cavalier conduct decided not to get
involved in going concern thereby withdrawing his resources.

6. It was thereafter his withdrawal that I was left to operate the said
company with the deceased as the only practical shareholders thereof.
Thenceforth we have been properly vested and conferred with the
authority, as directors to act on behalf and/or for the company in all
matters directly connected and incidental to the going concern.

7. On the 1st April 2008, the deceased in his fiduciary capacity as the
director of the company, with my consent and full knowledge instituted
proceedings against the respondents in order to recover debts which
were due to the going concern.

8. The deceased has met his untimely death and a certified copy of the
death certificate is hereby annexed and marked ‘annexture A’. It is
therefore at this juncture that this application is expedient for
reinstatement of the matter before the honourable court. This is
evidenced by the order issued by his lordship Mr Justice Z. Makhwade
on the 8th May 2009 to the effect that; the matter be removed from the
Rolland the applicant is given leave to set down the matter provided
the authority of the estate of the late plaintiff is sought and obtained.
The said order is herein annexed and marked ‘annexture B’.

9. Pursuant to this order, I hereby make an application in my

representative fiduciary capacity as the lawful Director of the company,
that I be conferred and endowed with the powers due to myself,
instead of the late plaintiff and in substitution thereof, to be the plaintiff
and to effect, on behalf of the company, the adjudication of the matter
that has since been removed from the roll after reinstatement thereof.

10. I depose and depone that it is my responsibility as the surviving

director to act in the best interest of the company. This derives merit
from the fiduciary duty vested in me by reason of my position as the
director thereof. The deceased has so duly and promptly discharged
his duties as such before his demise (may his soul rest in peace),
therefore It then becomes my duty to so discharge mine to the extent
that seems meet for all intents and purposes.

11. The interests of the company will be severely prejudiced in that the
matter that has been removed from the roll is directly connected to the
finances or monies due to the company, hence the precipitation of this
application which is for the sole reason of expediting the reinstatement
and adjudication of the matter for the recovery of the debt owing to the
company.
12. I therefore pray for an order in terms of the motion and draft order
annexed hereto.

_________________________
DEPONENT