Prominent Polokwane lawyer fights to save firm, applies for suspension of liquidation order

2020-01-13 05:34
Tumi Mokwena is seen outside the Thabamoopo Magistrate's Court. (Antonio Muchave, Gallo Images, The Times)

Tumi Mokwena is seen outside the Thabamoopo Magistrate's Court. (Antonio Muchave, Gallo Images, The Times)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Prominent Polokwane lawyer Tumi Mokwena has lodged an urgent application in the Limpopo High Court for the suspension of a liquidation order against his law firm, TMC Incorporated.

On December 12, 2019, Judge Frans Kgomo issued the order after a protracted legal battle over unpaid debt with local businessman Sthembiso Bosch.

Bosch successfully argued that Mokwena, representing his law firm, had failed on numerous occasions to honour an agreement for the repayment of the debt which was made an order of court.

In 2014, Bosch, through the Majola Trust of which he is a trustee, paid R1.5m into TMC Incorporated's trust account for a property transaction which did not materialise. But the money has not been returned to him.

However, in his answering affidavit, Mokwena contended that the R1.5m was not paid into the trust account of his law firm within the context of an attorney-client relationship.

'This is an error'

In court papers filed in the application for the suspension of the order, Mokwena blamed lawyer Floyd Legodi, saying he flouted court rules when he withdrew as his attorney of record just hours before the matter was heard in December.

"The requirements of Rule 16(4)(a) are compulsory and are intended to protect the party whose attorney is withdrawing from procedural abuse, similar to the one suffered by the applicant herein.

"This is an error or an erroneous fact which was not brought to the attention of the court," Mokwena said. 

He also said the execution of the order before the final determination would constitute a reasonable infringement of the right to have his firm run its business.

"Therefore, the execution of the order hereof will oust the applicant's right to pursue the rescission process," Mokwena said.

Read more on:    tumi mokwena  |  polokwane  |  courts
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.