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South Africa decisions
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Lotriet and Another v Oosthuizen and Others [2023] ZAGPPHC 285; 14413/2022 (5 May 2023)
The High Court dismissed a minority-members’ urgent application under s 49(2) of the Close Corporation Act for lack of urgency and because the relief had become moot.
Mbethe v United Manganese of Kalahari (Pty) Limited (503/2016) [2017] ZASCA 67; 2017 (6) SA 409 (SCA) (30 May 2017)
The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving, on a balance of probabilities, that he acted in good faith in seeking leave to institute a derivative action on behalf of the company. The evidence did not support his assertion that reinstating the Zastrospace contract was in the company's or the local community's interests, nor did it show reasonable grounds for his belief. The court found that the appellant's demands were driven by a collateral or ulterior purpose related to the Zastrospace contract, rather than genuine concern for corporate govern…
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Elefu v Lovedale Public Further Education and Others (282/2016) [2016] ZAECBHC 10 (11 October 2016)
The High Court dismissed a contempt application, finding the prior order did not direct payment of salary or any act capable of non-compliance.
Divine Inspiration Trading 130 (Pty) Limited v Aveng Greenaker-LTA (Pty) Ltd and Others (2015/10455) [2016] ZAGPJHC 99 (13 May 2016)
The High Court dismissed an application seeking declarations and arbitration-related relief under a FIDIC subcontract, finding the relief misdirected and improperly pleaded.
Geza v Miinister of Home Affairs and Another (1070/2009) [2010] ZAECGHC 15 (22 February 2010)
The court held that the applicant failed to establish, in her founding affidavit, that she had applied for an identity document as alleged. The evidence showed she had previously been issued an identity document and had applied for its amendment and re-issue, not for a new document. The applicant improperly sought to make out a new case in her replying affidavit, which is impermissible. The principle that an applicant must stand or fall by the founding affidavit was applied, and the court found no basis for granting the relief sought or any alternative relief. The application was dismissed wi…
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Parkhome Manufacturing (Pty) Ltd and Others v Capstone 101 t/a Pyramid Projects and Developments and Others (1878/09) [2010] ZANCHC 1 (5 February 2010)
An urgent application for vindication of park-home units was dismissed for lack of urgency and fatal defects in the notice of motion, with costs.
Combustion Technology (PTY) Ltd v Technoburn (PTY) Ltd (4634/02) [2002] ZAWCHC 47; 2003 (1) SA 265 (C) (3 September 2002)
The court refused a substituted payment order after a winding-up application and held the applicant had not properly canvassed that relief. Costs went to the respondent.
Liberty Life Association of Africa Ltd v Prof G.C. Kachelhoffer N.O and Another (2447/2000) [2002] ZAWCHC 23 (30 April 2002)
The court held that Rule 53(3) empowers an applicant to furnish either a comprehensive or an attenuated record for review, and the initial election to proceed on an attenuated record does not preclude a subsequent change to a comprehensive record, provided leave of court is sought and good cause is shown. The applicant’s reasons for introducing the comprehensive record were found to be convincing and not prejudicial to the respondents, as the comprehensive record had already been available to them. The relief sought was sufficiently similar to the original claim to be granted under alternativ…
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