South Africa Case Law

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023)

Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023) [2025] ZAFSHC 19 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

4279/2023

Judge

P.J. Loubser

The court found that the property was purchased with the First Applicant's funds and was registered in the names of the First and Second Respondents only as a temporary measure pending reinstatement of the First Applicant. There was no valid resolution authorizing donation of the property to the First Respondent, and the Respondents' version of a donation was rejected as false and untenable. The First Respondent breached his fiduciary duty by failing to transfer the property back to the First Applicant upon its reinstatement and fraudulently misrepresented his entitlement to sell the property…

Source excerpt

• Fraudulent Transfer Of Property
• Deeds Registries Act
• Close Corporation Membership
• Authority To Institute Proceedings
• Fiduciary Duty
• Setting Aside Registration

De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023)

De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023) [2024] ZAWCHC 430; [2025] 1 All SA 645 (WCC) (30 December 2024)

Court

Western Cape High Court, Cape Town

Case number

20548/2023

Judge

P Farlam

The court found that the applicant had been excluded from the management and information of True Ruby for an extended period, had not received his share of income, and that the second respondent's assertion that the applicant was no longer entitled to his membership interest was not credible. The evidence, including the Association Agreement, financial statements, and the conduct of the second respondent, supported the applicant's version that trust and confidence between the members had irretrievably broken down. The court held that, in the absence of viable alternative remedies and given th…

Source excerpt

• Just And Equitable Winding Up
• Close Corporation Membership
• Association Agreement
• Deadlock And Loss Of Trust
• Strike Out Application
• Admission Of Late Affidavit

Le Roux v Estate Late Le Roux and Others (2024/070995)

Le Roux v Estate Late Le Roux and Others (2024/070995) [2024] ZAGPJHC 1231 (3 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/070995

Judge

L R Adams

The High Court dismissed an urgent bid for interim control of a deceased estate and company account, imposed punitive costs, and confirmed interim management by the fourth respondent.

• Urgent Interdict
• Administration Of Deceased Estates
• Executor Removal
• Close Corporation Membership
• Punitive Costs
• Interim Management Of Assets

Tsie v Brenner and Others (4783-2020)

Tsie v Brenner and Others (4783-2020) [2024] ZAGPJHC 257 (18 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

4783/2020

Judge

C Bester

The court held that the applicant's claim for transfer of the membership interest in Crest Car Hire CC was a claim for specific performance of a contractual obligation and thus constituted a 'debt' under the Prescription Act. The debt became due on 1 August 2012, the effective date of the sale agreement, and prescription commenced from that date. The applicant failed to interrupt prescription against Crest Car Hire CC within the three-year period, and service on the executors did not suffice due to the separate juristic personality of the corporation. The applicant's reliance on section 12(2)…

Source excerpt

• Extinctive Prescription
• Specific Performance
• Close Corporation Membership
• Sale Of Business Agreement

Moodley v Van Den Heever NO and Another (55974/2021)

Moodley v Van Den Heever NO and Another (55974/2021) [2023] ZAGPJHC 1193 (20 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55974/2021

Judge

S C Mia

Leave to appeal was refused after the court found no reasonable prospects of success on striking-out, privilege, or close corporation membership issues.

• Leave To Appeal
• Close Corporation Membership
• Striking Out
• Privileged Communications
• Leave-to-appeal
• Close-corporation-membership

J.P.V.S v M.M.V.S and Others (3957/2023)

J.P.V.S v M.M.V.S and Others (3957/2023) [2023] ZALMPPHC 77 (28 August 2023)

Court

Limpopo High Court, Polokwane

Case number

3957/2023

Judge

M. Naude-Odendaal

The High Court held that a divorce-related settlement agreement was not contra bonos mores and dismissed an application to declare it void or cancel it.

• Maintenance Obligation
• Settlement Agreement
• Contra Bonos Mores
• Urgent Interdict
• Close Corporation Membership
• Maintenance-obligation

Kruger N.O v van Straaten (7303/2019)

Kruger N.O v van Straaten (7303/2019) [2023] ZALMPPHC 24 (24 May 2023)

Court

Limpopo High Court, Polokwane

Case number

7303/2019

Judge

Kganyago

The High Court upheld a special plea of locus standi, finding that an agent appointed by power of attorney could not institute proceedings for a deceased estate.

• Locus Standi
• Deceased Estate Litigation
• Close Corporation Membership
• Power Of Attorney
• Special Plea
• Executor Powers

Van Den Heever NO and Another v Moodley (55974/2021)

Van Den Heever NO and Another v Moodley (55974/2021) [2023] ZAGPJHC 261 (13 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55974/2021

Judge

S C Mia

The court found that the disputed paragraphs and annexures in the respondent's affidavit were privileged communications arising from without prejudice settlement negotiations and were irrelevant to the determination of membership in Co-Props 1099 CC. The evidence established that Draharama Lingum Moodley was the sole member of Co-Props since August 1997, as he alone contributed financially, managed all affairs of the close corporation, and utilized the property for his own benefit. The respondent's claim to membership was unsupported by any substantive participation or financial contribution…

Source excerpt

• Close Corporation Membership
• Declaratory Relief
• Striking Out Irrelevant Matter

Costa v Korte and Another In re: Korte and Another v Mitrewood Products CC and Others (19524/2019)

Costa v Korte and Another In re: Korte and Another v Mitrewood Products CC and Others (19524/2019) [2022] ZAGPJHC 1037 (16 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

19524/2019

Judge

Molahlehi

The court found Russel Korte guilty of contempt for breaching a 2019 interdict, postponed a counter-application for non-joinder, and awarded attorney-and-client costs.

• Contempt Of Court
• Close Corporation Membership
• Joinder
• Lis Pendens
• Spoliation
• Punitive Costs

Hlangane v Bambatha and Others (1098/2021)

Hlangane v Bambatha and Others (1098/2021) [2022] ZAECGHC 5 (18 January 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

1098/2021

Judge

Mabenge

The court dismissed an application to set aside an alleged fraudulent transfer of close corporation interests, finding a genuine dispute of fact unsuitable for motion proceedings.

• Close Corporation Membership
• Fraudulent Transfer
• Dispute Of Fact
• Motion Vs Trial
• Ownership Of Member Interest
• Close-corporation-membership