Judge orders Tibone to pay costs

ISAIAH MOREWAGAE
Staff Writer | Tuesday June 14, 2011 00:00

 

The trial was due to start yesterday but could not because the attorney representing Tibone, Lawrence Lekalake, Liyanda Lekalake and 21st Century Holdings (Pty) was indisposed.

Judge David Newman then rescheduled the case for November 28 - December 9. 'The defendants shall bear the costs of the plaintiffs, occasioned by the postponement, such costs to include the costs of two counsel, inclusive of any agreed collapsed fees,' Newman ordered.

Prominent figures - all members of the old boys' club that had grouped together for investment purposes, who include former president Festus Mogae, former Chief Justice Julian Nganunu, former permanent secretaries, former ambassadors and other businessmen - will face off in court next week in a high profile case involving a bitter fight over money and shares as things fall apart.

The case involves an urgent application by 18 members of the 21st Century Holdings that the High Court restrains and interdicts Tibone, Lekalake and 21st Century Holdings from implementing a resolution of a meeting held at the company premises.

The resolution, made at an emergency general meeting of 21st Century Holdings on June 10, 2008, was to remove Sam Mpuchane, McClean Letshwiti, Emang Maphanyane and Lawrence Khupe as directors of the company.

The applicants are Mogae, Nganunu, Legwaila Legwaila, Mpuchane, Letshwiti, Nkobiwa Sebele, Goabaone Mokama, Tshipa Mothibatsela, Ludo Makhwade, Letlhogonolo Dabutha, Alfred Dube, Dikokole Mosinyi and Dzene Makhwade-Seboni.

There is also Kgarebe Investments owned by Aloysius Kgarebe, JDM Investments - a company owned by Nganunu and his son Dziki, - the two of them have deponed supporting affidavits - Letshwao Investments owned by Lesego Selotate and Khupe, FGM Investments of Mogae, San Safaris of Emang Maphanyane, Tsela Alliance represented by Matenge Matenge.

The defendants are Tibone, Lekalake, Lekalake and 21st Century Holdings (Pty). Mogae and Company are represented by John Carr-Hartley of Armstrong Attorneys while Tibone while others are represented by South African-based advocates Werner Luderitz and Cyril Ziman.

The 21st Century is an association of about 40 citizen investors who have grouped together for the purpose of looking for investment opportunities. The company owns 30 percent of Stockbrokers Botswana.