South Africa Case Law

Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (738/2023; 739/2023)

Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (738/2023; 739/2023) [2025] ZASCA 6 (29 January 2025)

Court

Supreme Court of Appeal

Case number

738/2023; 739/2023

Judges

Dambuza, Hughes, Coppin

The Supreme Court of Appeal held that the application for a final interdict was not properly authorised by Equistock Properties 8 (Pty) Ltd, as Mr Coetzee was neither a shareholder nor a director and the purported resolutions were invalid. The facts established that the long-standing arrangement entitled Laduma Biscuits (Pty) Ltd to collect rentals and manage the properties, and there was no evidence of injury to Equistock or any basis for apprehending harm. Furthermore, the pending action in the Pretoria High Court provided an alternative remedy. The punitive costs order against Mr Coetzee w…

Source excerpt

• Final Interdict
• Authority To Institute Proceedings
• Personal Costs Order
• Companies Act Section 74

Bam v Alfred Nzo Development Agency (Pty) Ltd and Others (CA&R6/15)

Bam v Alfred Nzo Development Agency (Pty) Ltd and Others (CA&R6/15) [2015] ZAECMHC 58 (11 June 2015)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R6/15

Judges

Pickering, Chetty, Dawood

Appeal dismissed: the CEO contract was not validly extended for two years, and the appellant’s later challenge to a six-month extension failed.

• Contract Extension
• Service Level Agreement
• Board Resolutions
• Consultation Requirement
• Companies Act Section 74
• Contract-extension