Du Toit v Du Plessis and Another (364/2012) [2012] ZANCHC 59 (29 June 2012)

Du Toit v Du Plessis and Another (364/2012) [2012] ZANCHC 59 (29 June 2012)

The court found that there was no sufficient basis to imply a term into the parties' relationship that required the first respondent to transfer his shares and directorship in the second respondent to the applicant upon withdrawal. The second respondent was not a shell company but an active business entity, and the applicant conceded that he could not claim transfer if this was the case. The interim interdict was not justified as the fears of harm to the premises were unfounded, and the retention right claimed by the applicant did not constitute a cause of action. The application for confirmation of the rule nisi and the interim interdict was dismissed, and costs were awarded against the...

Citation
[2012] ZANCHC 59
Parties
Applicant: Jacob Casper Kruger Du Toit; Respondent: Deon Du Plessis; Respondent: Middelerf Plaas (Edms) Bpk
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 June 2012
Case Number
364/2012
Procedural Posture
Urgent Application / Opposed Motion for Confirmation of Rule Nisi and Interim Interdict
Outcome
Application dismissed; costs awarded against applicant.
Judges
C C Williams
Legal Topics
Interim Interdict, Implied Terms, Oral Agreement, Company Share Transfer, Retention Right
Civil Procedure Commercial and Corporate Interim Interdict Implied Terms Oral Agreement Company Share Transfer Retention Right

Case Brief

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Parties

Jacob Casper Kruger Du Toit

Applicant

Deon Du Plessis

Respondent

Middelerf Plaas (Edms) Bpk

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Confirmation of Rule Nisi and Interim Interdict

Legal Issues

  1. 1 Whether the applicant is entitled to the transfer of shares and directorship in the second respondent based on an alleged implied term of withdrawal from the business.
  2. 2 Whether the second respondent is a shell company justifying transfer to the applicant.
  3. 3 Whether the interim interdict against the first respondent should be confirmed.

Ratio Decidendi

The court found that there was no sufficient basis to imply a term into the parties' relationship that required the first respondent to transfer his shares and directorship in the second respondent to the applicant upon withdrawal. The second respondent was not a shell company but an active business entity, and the applicant conceded that he could not claim transfer if this was the case. The interim interdict was not justified as the fears of harm to the premises were unfounded, and the retention right claimed by the applicant did not constitute a cause of action. The application for confirmation of the rule nisi and the interim interdict was dismissed, and costs were awarded against the...

Court Disposition

Application dismissed; costs awarded against applicant.

Orders

  • The rule nisi dated 27 February 2012 is discharged in its entirety and the application is dismissed.
  • The applicant is ordered to pay the respondents' costs of the application.