South Africa Case Law

JS Van De Merwe Boedery CC v Weshoek Beleggings (Pty) Ltd and Others (29142/2018)

JS Van De Merwe Boedery CC v Weshoek Beleggings (Pty) Ltd and Others (29142/2018) [2023] ZAGPPHC 636 (27 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

29142/2018

Judge

BAM

The court found that neither the two court orders relied upon by the respondents nor the purported appointment of Ms Brenda Weakley as director of Weshoek Beleggings (Pty) Ltd conferred authority to institute action against the applicant. The orders did not empower Adv Van den Berg to act as director or to institute proceedings on behalf of Weshoek Beleggings (Pty) Ltd. The process for appointing Ms Brenda as director was fatally flawed and unlawful, as the sole director was non compos mentis and the necessary formalities for appointment were not followed. The respondents' responses to the Ru…

Source excerpt

• Authority Of Attorney
• Rule 7 Challenge
• Company Director Appointment
• Irregular Step
• Close Corporation
• Derivative Actions

Meintjies and Meintjies Rekenmeesters CC v Annadale and Another (81541/2017)

Meintjies and Meintjies Rekenmeesters CC v Annadale and Another (81541/2017) [2019] ZAGPPHC 975 (10 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

81541/2017

Judge

C.J Collis

The High Court found that the first respondent was contracted to provide accounting services on a profit-share basis, not to take over the business.

• Oral Agreement
• Profit Sharing
• Close Corporation
• Executor Authority
• Contractual Dispute
• Oral-agreement

Louw and Others v Davids and Others (783/2017)

Louw and Others v Davids and Others (783/2017) [2018] ZASCA 70 (29 May 2018)

Court

Supreme Court of Appeal

Case number

783/2017

Judges

Navsa, Swain, Davis, Plasket, Rogers

The SCA held that cancellation of a close corporation sale was not justified where most of the price had been paid and restitution was doubtful.

• Breach Of Contract
• Sale Of Members Interest
• Close Corporation
• Material Breach
• Restitution
• Non Variation Clause

Du Preez v Bedrock Drilling Bk (32488/2012)

Du Preez v Bedrock Drilling Bk (32488/2012) [2014] ZAGPPHC 1035 (19 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

32488/2012

Judge

E M Kubushi

The High Court found that an oral partnership existed between the plaintiff and the defendant close corporation, and ordered an account and costs.

• Partnership Agreement
• Oral Contract
• Close Corporation
• Estoppel
• Statement Of Account
• Partnership-agreement

Reahilwe Funeral Homes CC and Another v Moekoa and Others (1745/2011)

Reahilwe Funeral Homes CC and Another v Moekoa and Others (1745/2011) [2011] ZAFSHC 98 (7 June 2011)

Court

Free State High Court, Bloemfontein

Case number

1745/2011

Judge

M B Molemela

The court discharged the interdict over the premises and protection order issue, but confirmed the restraint against interference with the close corporation’s affairs.

• Final Interdict
• Ownership Dispute
• Close Corporation
• Family Business
• Magistrates Court Jurisdiction
• Final-interdict