Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023) [2024] ZAGPPHC 1208 (18 November 2024)

Van Der Walt and Another v Justsolve (Pty) Ltd and Others (020842/2023) [2024] ZAGPPHC 1208 (18 November 2024)

The court found that the matter involved serious and material disputes of fact, particularly regarding the applicants' alleged shareholding, the validity and conditionality of the share certificate, and allegations of deceit and fabrication. These disputes could not be resolved on affidavit and required oral evidence. The court held that the application procedure was inappropriate for resolving such factual disputes and that the relief sought could not succeed without viva voce evidence. Accordingly, the matter was referred for the hearing of oral evidence on specified issues, including the conditionality of the share certificate, amendment of the securities register, and the application...

Citation
[2024] ZAGPPHC 1208
Parties
Applicant: Chris Andries Van Der Walt; Applicant: Craig Redvers Househam; Respondent: Justsolve (Pty) Ltd; Respondent: Willem Botha Van der Vyver; Respondent: Sunette Van der Vyver N.O; Respondent: Louis Jacobus Schoeman; Respondent: Johann Rabe; Respondent: Justsolve Holdings (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 November 2024
Case Number
020842/2023
Procedural Posture
Civil Application / Referral for Oral Evidence After Application Proceedings
Outcome
Application not granted; matter referred for oral evidence on specified issues.
Judges
Makhoba
Legal Topics
Shareholding Dispute, Company Directorship, Dispute of Fact, Application Vs Trial, Strike Out Scandalous Allegations
Commercial and Corporate Civil Procedure Shareholding Dispute Company Directorship Dispute of Fact Application Vs Trial Strike Out Scandalous Allegations

Case Brief

Summary, issues, holding and outcome

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Parties

Chris Andries Van Der Walt

Applicant

Craig Redvers Househam

Applicant

Justsolve (Pty) Ltd

Respondent

Willem Botha Van der Vyver

Respondent

Sunette Van der Vyver N.O

Respondent

Louis Jacobus Schoeman

Respondent

Johann Rabe

Respondent

Justsolve Holdings (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Referral for Oral Evidence After Application Proceedings

Legal Issues

  1. 1 Whether the applicants hold a 60% shareholding in Justsolve (Pty) Ltd as alleged.
  2. 2 Whether the share certificate issued to the first applicant was conditional as claimed by the second respondent.
  3. 3 Whether the securities register should be amended to reflect the applicants' shareholding.

Ratio Decidendi

The court found that the matter involved serious and material disputes of fact, particularly regarding the applicants' alleged shareholding, the validity and conditionality of the share certificate, and allegations of deceit and fabrication. These disputes could not be resolved on affidavit and required oral evidence. The court held that the application procedure was inappropriate for resolving such factual disputes and that the relief sought could not succeed without viva voce evidence. Accordingly, the matter was referred for the hearing of oral evidence on specified issues, including the conditionality of the share certificate, amendment of the securities register, and the application...

Court Disposition

Application not granted; matter referred for oral evidence on specified issues.

Orders

  • The matter is referred for the hearing of oral evidence on the issues of: (1) whether the share certificate issued to the applicant on 26 May 2020 for 210 fully paid ordinary shares in the first respondent was conditional as alleged by the second respondent; (2) whether the securities register of the first...
  • The evidence shall be that of any witness whom the parties, or either of them, may elect to call.