Kenalemodisa Mosepele & 10 Others v Gideon Pitlagano & 23 Others – CACGB-134-25 (Judgment issued on the 5th of November 2025)
Court: Court of Appeal
Judge: Justices Leburu, Tebogo-Maruping & Motswagole
Summary By: Ms Mangubo
In this matter, Bogopa, Manewe, Tobedza & Co (BMT) acted for the 1st to 10th and 14th to 23rd Respondents. The Appellants had been removed as trustees of the Okavango Kopano Mokoro Community Trust (OKMCT or “the Trust”). The Appellants sought to appeal the High Court’s refusal to grant an interim interdict to preserve the status quo (current status) pending review proceedings (the main case), specifically by suspending resolutions passed at a Special General Meeting (SGM). In that SGM, the Appellants have been voted out as trustees of the Trust through a motion of no confidence, and the Respondents represented by BMT had been voted as the replacement trustees of the Trust.
The central issue before the Court of Appeal was whether the Appellants had satisfied the requirements for interim relief, in particular whether they had established a prima facie right (a right that, although not clear, but somewhat established to warrant protection by law). The Appellants contended that the SGM resolutions were improper and that their implementation would cause prejudice before the review (main case) could be determined. They further argued that the matter was urgent and warranted the preservation of the status quo (current status).