The Polokwane High Court in Limpopo has reserved judgment in an application to appeal an order to liquidate the law firm of prominent lawyer Tumi Mokoena. An order to liquidate Tumi Mokoena Incorporated was granted unopposed by the same court last year in December.
Counsel representing the firm on Wednesday focused on issues they deem unfair on the company and its sole director Tumi Mokoena on the liquidation order.
Counsel argued that the firm was not present when the order was issued as its attorney of record withdrew from the case a day prior to the hearing. They further argued that Mokoena, as the company’s lone director, immediately sought new counsel and instructed them to appeal the order.
The applicants also told court that the liquidation order was granted based on false information, presented by the Majola Trust. Counsel went to describe as fraud amounts presented by the trust on its application for liquidation, stating that the interest amounts were inflated.
Counsel for the respondents, however, countered that the order was lawful. They dismissed as inaccurate the applicant’s submission that the amounts reflected on the order as money owed to the trust by TMI were based on inaccurate calculations.
The court then ordered that both the applicants and respondents file supplementary heads of arguments by the 30th of October. The court also ruled that both parties must also submit copies of the same arguments to the opposing side.
The court would then inform both parties of a date for its ruling soon after the documents have been filed.
The Majola Trust applied for the liquidation order arguing that the trust deposited R1.5 million into TMI’s account for the purchase of a property, which never materialised.
TMI and the Trust subsequently reached an out of order settlement agreement, which TMI allegedly went against.