South Africa Case Law

New Model Projects v Levenbro Centre (Pty) Ltd and Another (2024/019086)

New Model Projects v Levenbro Centre (Pty) Ltd and Another (2024/019086) [2024] ZAGPJHC 236 (8 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/019086

Judge

Manoim

The applicant failed to establish a prima facie right to the properties, as its evidence of payment and compliance with the sale agreement was incomplete and inconsistent. The respondent provided detailed rebuttal, including affidavits from former shareholders and attorneys denying knowledge of the transaction. The applicant did not adequately explain its conduct regarding occupation and enforcement of its alleged rights. The requirements for an interim interdict were not met: the apprehension of irreparable harm was not substantiated, the balance of convenience favoured the respondent, and a…

Source excerpt

• Interim Interdict
• Ownership Dispute
• Specific Performance
• Company Asset Disposal
• Prescription
• Balance Of Convenience

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022)

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022) [2023] ZAGPJHC 772 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21535/2022

Judge

Pearse AJ

The High Court declared a deed of cession null and void ab initio because it transferred the applicant’s business contracts without shareholder approval or client consent.

• Deed Of Cession
• Company Asset Disposal
• Shareholder Resolution
• Delegation Of Contractual Obligations
• Delectus Personae
• Nullity Of Contract

Culverwell N.O and Others v Bidvest Properties (Pty) Ltd and Others (82188A/2014)

Culverwell N.O and Others v Bidvest Properties (Pty) Ltd and Others (82188A/2014) [2015] ZAGPPHC 989 (4 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

82188A/2014

Judge

JJ Strijdom

The High Court dismissed an application to stop transfer of property, finding the Companies Act 1973 applied and res judicata barred renewed challenges.

• Company Asset Disposal
• Special Resolution Requirement
• Res Judicata
• Enforcement Of Judgments
• Transfer Of Property
• Res-judicata

Shoprite Checkers (Pty) Ltd v Grobbelaar and Others (460/2004)

Shoprite Checkers (Pty) Ltd v Grobbelaar and Others (460/2004) [2005] ZASCA 89 (26 September 2005)

Court

Supreme Court of Appeal

Case number

460/2004

Judges

Combrinck, Howie, Zulman, Nugent, Mlambo

The Supreme Court of Appeal found that the rights under the restraint of trade agreements were not merely personal to SCEB but attached to the business and thus passed to the appellant upon transfer of the business. The evidence established that Shoprite Holdings was the sole shareholder of SCEB and had approved the transaction, satisfying the requirements of section 228 of the Companies Act. The court held that formal compliance with section 228 was unnecessary where the sole shareholder consented and was a party to the contract. The appellant presented sufficient prima facie evidence of bre…

Source excerpt

• Restraint Of Trade
• Company Asset Disposal
• Locus Standi
• Section 228 Companies Act
• Contract Breach