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Commercial And Corporate [2022] ZAGPPHC 220

Tayob N.O and Another v Shiva Uranium Proprietary Limited and Others (62989/2021)

Tayob N.O and Another v Shiva Uranium Proprietary Limited and Others (62989/2021) [2022] ZAGPPHC 220 (23 March 2022)

The court held that the applicants, Mahomed Mahier Tayob N.O. and Eugene Januarie N.O., are the validly appointed business rescue practitioners of Shiva Uranium Proprietary Limited, as previously determined by the Supreme Court of Appeal and the Constitutional Court. The appointment of Mr Damons as a business rescue practitioner by the directors on 2 September 2021 was set aside as unlawful, since the directors were not entitled to appoint a new practitioner except in accordance with section 139 of the Companies Act. The appointment of Mr Monyela as a junior business rescue practitioner remai…

  • Business Rescue
  • Appointment Of Practitioners
  • Companies Act Section 129
  • Companies Act Section 139
  • Urgent Interdict
  • Corporate Governance
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