South Africa Case Law

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