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South Africa Case Law

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Commercial And Corporate [2023] ZAGPJHC 562

Toothrock Investments CC v Dzothe Property Investments (Pty) Ltd and Another (20/27162)

Toothrock Investments CC v Dzothe Property Investments (Pty) Ltd and Another (20/27162) [2023] ZAGPJHC 562 (25 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
20/27162
Judge
C.E Thompson

The court found that the applicant became the owner of the shares upon the cession being effected, and the only outstanding requirement was the administrative registration of the transfer in the share register. This administrative act does not constitute a debt capable of prescription under the Prescription Act. The prescription defence therefore fails. The non-joinder defence was dismissed as Dzothe Investments (Pty) Ltd was neither the holder of the shares nor affected by the relief sought. Regarding authority, the applicant's version that both Marais and Langa represented the first respond…

Source excerpt

  • Cession Of Shares
  • Authority Of Signatories
  • Prescription
  • Joinder
  • Companies Act Section 51
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Commercial And Corporate [2019] ZAKZDHC 31

F.H v Y.A.H and Others (5514/2011, 8486/2015)

F.H v Y.A.H and Others (5514/2011, 8486/2015) [2019] ZAKZDHC 31 (18 December 2019)

Court
Kwazulu-Natal High Court, Durban
Case number
5514/2011, 8486/2015
Judge
Olsen

The court found that none of the bases pleaded by the plaintiff for entitlement to the dividend from the sale of Ajmeri Arcade were supported by the evidence. The oral undertaking and written 'nomination' document did not establish beneficial ownership or cession of shares to the plaintiff. The evidence showed that any agreement to transfer Ajmerwala shares was superseded by a subsequent agreement to transfer shares in Famous View Properties CC, which the plaintiff accepted in lieu of Ajmerwala shares. The plaintiff's attempt to amend her claim at the close of trial was refused because the ne…

Source excerpt

  • Share Transfer
  • Beneficial Ownership
  • Cession Of Shares
  • Amendment Of Pleadings
  • Costs Order
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.