Judgment: Crossmed Health Centre Pty Ltd and others v Yako

16 May 2025

Dear Member

Summary: This judgment consolidates multiple matters involving Dr Yako, his companies (Crossmed Mthatha and Crossmed Property), and Crossmed Health Centre (Pty) Ltd, which operates a private hospital in Mthatha. The primary matter concerns Crossmed Health's application for the final sequestration of Dr Yako's estate, based on his failure to pay a judgment debt of R5 942 184.12 arising from a 2018 money judgment (case 694/2018). Additionally, Yako sought reconsideration of various court orders previously made against him, including interdicts, the money judgment, and dismissal of his application to review the transfer of a hospital licence.

Order: The court held that the non-joinder of interested parties was fatal to the reconsideration applications, which were accordingly dismissed with costs. The rule nisi for sequestration was confirmed, placing Yako's estate under final sequestration. The court awarded costs on scale C for all matters, noting the 'unwieldy volume of paperwork of titanic proportion' (over 7 000 pages) and the complexity of the case. The costs in the sequestration application were made costs in the administration of Yako's estate.

Kindly sent to us by Haroon Laher of Faskens.

Take care,

René Bekker
Chief Operating Officer

  Crossmed Health Centre Pty Ltd and others v Yako. Case No:571/2019