Zwelethu Enviroment Services v Cumming and Others (Pty) [2010] ZANWHC 11 (28 September 2010)

Zwelethu Enviroment Services v Cumming and Others (Pty) [2010] ZANWHC 11 (28 September 2010)

The Court found that there was no reasonable prospect of another Court coming to a different conclusion regarding the rectification of the share register. The correspondence between the parties, both in English and Afrikaans, clearly stated that the shares would be held by the applicant until the purchase price was paid in full, after which they would be transferred to the first respondent. The first respondent did not dispute the content of this correspondence prior to the proceedings and even referred to it as the formal agreement. The subsequent written agreement further confirmed the terms. Accordingly, the Court held that there was no genuine dispute of fact and refused leave to appeal.

Citation
[2010] ZANWHC 11
Parties
Applicant: Zwelethu Environment Services (Pty) Ltd; Respondent: David Edmund Alistair Cumming; Respondent: Green Springs Investments 101 (Pty) Ltd; Respondent: Venter De Jager (Brits) Inc; Respondent: Woest Malan Wenhold Inc
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
28 September 2010
Case Number
162/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Rectification Order
Outcome
Application for leave to appeal refused.
Judges
L G Nkosi-Thomas
Legal Topics
Rectification of Share Register, Oral Agreement Dispute, Companies Act Section 115, Leave to Appeal Standard
Commercial and Corporate Civil Procedure Rectification of Share Register Oral Agreement Dispute Companies Act Section 115 Leave to Appeal Standard

Case Brief

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Parties

Zwelethu Environment Services (Pty) Ltd

Applicant

David Edmund Alistair Cumming

Respondent

Green Springs Investments 101 (Pty) Ltd

Respondent

Venter De Jager (Brits) Inc

Respondent

Woest Malan Wenhold Inc

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Rectification Order

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal against the rectification order.
  2. 2 Whether a genuine dispute of fact existed regarding the terms of the oral agreement.
  3. 3 Whether the dispute should have been resolved on the papers in favour of the respondents.

Ratio Decidendi

The Court found that there was no reasonable prospect of another Court coming to a different conclusion regarding the rectification of the share register. The correspondence between the parties, both in English and Afrikaans, clearly stated that the shares would be held by the applicant until the purchase price was paid in full, after which they would be transferred to the first respondent. The first respondent did not dispute the content of this correspondence prior to the proceedings and even referred to it as the formal agreement. The subsequent written agreement further confirmed the terms. Accordingly, the Court held that there was no genuine dispute of fact and refused leave to appeal.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.