Businessman, widow in fight over companies

Businessman, widow in fight over companies

MASERU – A LOCAL businessman, Thabiso Mothabeng, is locked in a fierce legal fight against his late business partner’s widow, ’Mamoeti Thipane, over the ownership and control of two companies. Mothabeng filed a case seeking an order declaring the appointment of Thipane as executor of the estate of John Thipane null and void.
The case is before Justice Lisebo Chaka-Makhooane in the Commercial Court division.

John Thipane was a co-shareholder with Mothabeng in Mothabeng & Thipane Plant Hire (Pty) Ltd, a company which was incorporated in September 1999.
The other company is Mountain Textile Screen Printers (Pty) Ltd, which was registered in May 2000 to carry out businesses related to printing and advertising.
Documents from the Registrar of Companies show Mothabeng as the sole director of the two companies’.

However, when Thipane died in November 2011, the Master of the High Court appointed his widow as the executor of his estate.
Based on the appointment, the Registrar of Companies transferred 500 shares of Mothabeng & Thipane Plant Hire (Pty) Ltd to her in July 2014.
The Registrar also transferred 500 shares of Mountain Textile Screen Printers to Thipane.

In court papers seen by thepost this week, Mothabeng says Thipane’s death was not reported to the Registrar of Companies as required by the law.
Thipane had issued proceedings against Mothabeng in March 2014 seeking an order declaring her as the late estate’s executor.
She withdrew the application in August of the same year.

Mothabeng told the court that it was only in October 2014 that Thipane “had wrongly, unlawfully and fraudulently obtained transfer of shares”.
He also alleged that when Thipane moved the application against him, she had “wrongfully, unlawfully and fraudulently obtained appointment” as executor of the late John Thipane.
He said the Master of the High Court and the Registrar of Companies “have refused, failed and/or neglected to cancel” the transfer of shares to Thipane despite his demand.

Mothabeng wants the court to declare the registration of the transfer of 500 shares by the Master of the High Court and the Registrar null and void from the onset.
The matter is pending in the Commercial Court.

Staff Reporter

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