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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.
Niland v Huntershill Safari CC and Another (5622/2015) [2016] ZAECGHC 102 (12 October 2016)
The court found that Huntershill Safari CC was a small domestic corporation formed on the basis of a personal relationship involving mutual confidence between the applicant and the second respondent. The relationship had irretrievably broken down due to the respondent's affair with the applicant's wife and subsequent conduct, as well as the applicant's later breach of fiduciary duties. The court determined that the breakdown of trust and confidence made it impossible for the members to cooperate in the conduct of the corporation's affairs, as required by the association agreement. The respond…
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Ebrahim v Breezewood Trading 88 CC t/a Mica Celtis (A5/2015) [2016] ZAGPPHC 728 (18 August 2016)
The court refused the application to admit new evidence on appeal, finding that the appellant failed to provide a reasonable explanation for not presenting the evidence at trial, that the evidence lacked a prima facie likelihood of truth, and that it was not materially relevant. The trial court's findings that the appellant misappropriated funds from the respondent were upheld, as there was no credible evidence of a loan account and the probabilities favoured the respondent's version. The court found that the Shifren rule and the parole evidence rule were correctly applied, and that the respo…
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A.H v A.H and Another (52044/2013) [2014] ZAGPPHC 374 (16 May 2014)
A High Court ordered both spouses to stop withdrawing funds from their close corporation except in the normal course of business, pending divorce proceedings.
Circle Seven Trading 814 BK and Another v Thomas (CA 7/2005) [2005] ZANWHC 80 (28 October 2005)
Appeal dismissed in a close corporation dispute. The court upheld liquidation on just and equitable grounds and found insufficient disclosure for a compensation order under section 36.
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