South Africa Case Law

Kudung Communal Property Association and Others v First National Bank and Others (2023/055816)

Kudung Communal Property Association and Others v First National Bank and Others (2023/055816) [2024] ZAGPJHC 338 (10 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055816

Judge

S D J Wilson

The court held that the 20 January 2024 meeting was the required AGM, the executive committee election was valid for present purposes, and the interim interdict lapsed.

• Interim Interdict
• Rule Nisi
• Communal Property Association Management
• Annual General Meeting
• Executive Committee Election
• Interim-interdict

Harri and Others v Silogque Landowners Association and Others (A943/2014)

Harri and Others v Silogque Landowners Association and Others (A943/2014) [2016] ZAGPPHC 1038 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

A943/2014

Judges

S P Mothle, R Tolmay, N Jansen van Nieuwenhuizen

The Full Court found that the order of the court a quo was inconsistent with its findings and the relief sought by the appellants. Specifically, the original order erroneously invalidated decisions taken by show of hands, whereas the judgment established that only decisions taken by proxy were invalid. The exclusion of certain landowners or their representatives from voting at the 2011 AGM rendered the meeting invalid, and the removal of the appellants' entrenched veto rights was also invalid. The appeal was upheld, and the order was amended to accurately reflect the findings and relief sough…

Source excerpt

• Companies Act
• Articles Of Association
• Proxy Voting
• Annual General Meeting
• Declaration Of Invalidity

Legau and Others v Mokhasi (6749/2007)

Legau and Others v Mokhasi (6749/2007) [2008] ZAFSHC 74 (19 June 2008)

Court

Free State High Court, Bloemfontein

Case number

6749/2007

Judge

M B Molemela

The application was dismissed because the applicants launched it prematurely, ignoring the respondent's written undertaking to hold the annual general meeting in March 2008. The evidence, including affidavits and correspondence, established that the meeting was held as promised. The applicants failed to deny this in their replying affidavit and did not exhaust internal remedies. The court found no basis to deviate from the general rule that costs follow the cause, and ordered the applicants to pay costs.

Source excerpt

• Internal Governance Of Association
• Annual General Meeting
• Compliance With Constitution
• Costs Order

Mohamed NO and Others v Ally (627/97)

Mohamed NO and Others v Ally (627/97) [1998] ZASCA 113; 1999 (2) SA 42 (SCA); [1999] 1 All SA 419 (A) (27 November 1998)

Court

Supreme Court of Appeal

Case number

627/97

Judges

Van Heerden, Smalberger, Schutz, Zulman, Melunsky

The court held that vacancies on the mosque trust board had to be filled at the annual general meeting of the whole congregation, not by sectional meetings.

• Trust Deed Interpretation
• Appointment Of Trustees
• Sectional Representation
• Annual General Meeting
• Trust-deed-interpretation
• Appointment-of-trustees