Roshan Morar NO v Mahomed Aslam Osman Akoo and Others

The Rollco Roofing Systems partnership, established between the Osman family and the Moosa family through family trusts, was dissolved with effect from 28 February 2006 following irreconcilable disputes. On application by the Moosa family trusts, the KwaZulu-Natal High Court declared the partnership dissolved and appointed Roshan Morar NO as liquidator with specified powers to realise assets, obtain accounts, and distribute proceeds. The liquidator encountered resistance from Mr Akoo and related entities, including failure to provide proper accounts and funding. Morar applied to the High Court for an order amplifying his powers, including compelling partners to contribute funds, authorising attachment of property, granting interrogation powers akin to those under s 417 of the Companies Act 61 of 1973, and permitting professional indemnity insurance as a liquidation expense. The High Court dismissed the application, and the liquidator appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the High Court’s refusal to grant additional or amplified powers to the partnership liquidator was confirmed.

The case is a leading authority on the limits of judicial power to confer or expand the powers of a partnership liquidator in South African law. It clarifies the scope of the actio pro socio, firmly distinguishes partnership liquidation from company liquidation, and underscores constitutional and rule-of-law constraints on courts when asked to grant coercive or investigatory powers absent statutory authority.