SACC 2351/1443
This case involved a request made for the liquidation of a branch of a company because of debts owed by the main company. The branch and the main company had independent status so this request was invalid.
Background
A company filed a claim requesting the court to start liquidation procedures for one of the branches of the defendant company because an enforcement judgement had been issued against the defendant company to pay certain amounts to the claimant company but it had been unable to pay them.
Decision
The court said that the claimant company had requested the liquidation of a branch of the defendant company however pursuant to the law the branch did not follow the company and it had a budget and an incorporation contract which was independent from the main company therefore the request to the claimant company did not have a legal basis.
The court rejected the claim.