South Africa Case Law

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

111146/2025

Judge

Ferreira AJ

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia…

Source excerpt

• Eviction Order
• Interim Interdict
• Spoliation
• Ownership Registration
• Company Deregistration

Business Partners Limited v Companies and Intellectual Properties Commission of South Africa and Others (14388/2024)

Business Partners Limited v Companies and Intellectual Properties Commission of South Africa and Others (14388/2024) [2024] ZAWCHC 402 (29 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14388/2024

Judge

Andrews

The court found that Don Mo Property (Pty) Ltd was unable to pay its debts as envisaged in section 344 of the Companies Act, read with section 345(1)(c), due to breaches of loan agreements, failure to file annual returns, and non-payment of municipal rates and taxes. The directors lacked authority to oppose the liquidation application on behalf of Don Mo, as no shareholder resolution was passed as required by the Memorandum of Incorporation. The Badenhorst rule was applied, and the court determined that the debts were not bona fide disputed on reasonable grounds. The directors' mismanagement…

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• Provisional Liquidation
• Company Deregistration
• Fiduciary Duties
• Shareholder Rights
• Commercial Insolvency
• Just And Equitable Winding Up

Fire and Ice Fitness (Pty) Ltd and Others v Dansabe Trading 17 (Pty) Ltd and Another (2024/121455)

Fire and Ice Fitness (Pty) Ltd and Others v Dansabe Trading 17 (Pty) Ltd and Another (2024/121455) [2024] ZAGPJHC 1088 (25 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/121455

Judge

S D J Wilson

The court found that none of the applicants had standing to seek an interim interdict, as Fire and Ice Fitness (Pty) Ltd had been finally deregistered and ceased to exist as a legal entity. The effect of deregistration is clear: the company cannot authorise anyone to act on its behalf or claim rights before the court. The executors of the deceased directors' estates also lack standing, as the company no longer exists. While the respondents' conduct in locking the premises was unfortunate and may have prejudiced the applicants, the application as pleaded could not succeed. The court noted that…

Source excerpt

• Company Deregistration
• Interim Interdict
• Legal Standing
• Self Help
• Arrear Rental
• Remedies Under Companies Act

Moongate 125 (Pty) Ltd v Burger (2021/56009)

Moongate 125 (Pty) Ltd v Burger (2021/56009) [2023] ZAGPJHC 1009 (4 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/56009

Judge

AB Bishop

The court found that the applicant was never deregistered and remained a legal entity capable of contracting throughout the relevant period. The respondent's contention that the lease was void was rejected as unsustainable. The evidence established the existence and validity of the lease, the quantum of arrears, and the respondent's liability. The respondent's defences were bare denials without substantive evidence and were rejected. The applicant was entitled to payment of the arrears, interest, and attorney and client costs as per the lease agreement.

Source excerpt

• Lease Agreement Validity
• Company Deregistration
• Eviction
• Quantum Of Rental Arrears
• Attorney And Client Costs

Chetty and Another v Nirvan Bhudai Properties (Pty) Ltd t/a Rawson Kyalami and Another (A3062/2022)

Chetty and Another v Nirvan Bhudai Properties (Pty) Ltd t/a Rawson Kyalami and Another (A3062/2022) [2023] ZAGPJHC 973 (28 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3062/2022

Judges

ML Senyatsi, Windell

High Court appeal over eviction and ownership of property sold by a deregistered close corporation; appeal dismissed and eviction confirmed.

• Eviction
• Bona Vacantia
• Company Deregistration
• Retrospective Reinstatement
• Just And Equitable Eviction
• Prevention Of Illegal Eviction Act

Opperman v Companies and Intellectual Property Commission of South Africa and Others (54506/2019)

Opperman v Companies and Intellectual Property Commission of South Africa and Others (54506/2019) [2020] ZAGPPHC 208 (14 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

54506/2019

Judge

P H Malungana

The court found that the intervening party demonstrated a direct and substantial interest in the reinstatement of Ronsoe (Pty) Ltd, as any order restoring the company could materially affect her rights, particularly given the applicant's stated intention to institute legal proceedings against her and the deceased's estate. The applicant's denial of share transfer was contradicted by documentary evidence, but the court did not resolve the factual dispute at this stage. The court held that the restoration of the company was just and equitable in light of the uncertainties regarding deregistrati…

Source excerpt

• Company Deregistration
• Restoration Of Company
• Locus Standi
• Intervention Application
• Just And Equitable Order

Gravitek CC v Cartmel Investments CC and Others (7526/2015)

Gravitek CC v Cartmel Investments CC and Others (7526/2015) [2019] ZAKZDHC 11 (21 June 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

7526/2015

Judge

Henriques

The court confirmed re-registration of a deregistered close corporation, but referred a dispute over transfer of immovable property and a resolutive condition to oral evidence.

• Company Deregistration
• Resolutive Condition
• Specific Performance
• Transfer Of Immovable Property
• Contract Interpretation
• Company-deregistration

Wilke N.O and Others v Griekwaland Wes Korporatief Ltd (592/2019)

Wilke N.O and Others v Griekwaland Wes Korporatief Ltd (592/2019) [2019] ZAFSHC 84 (20 June 2019)

Court

Free State High Court, Bloemfontein

Case number

592/2019

Judge

Daffue

The court refused to cancel a trust surety bond, holding that prior litigation against the principal debtor did not extinguish the creditor’s rights against the surety.

• Suretyship
• Prescription Period
• Res Judicata
• Issue Estoppel
• Company Deregistration
• Res-judicata

Bothma Financial Services (Pty) Ltd t/a The Interface Financial Group v Thaba Swart (Pty) Ltd and Others (556/2018)

Bothma Financial Services (Pty) Ltd t/a The Interface Financial Group v Thaba Swart (Pty) Ltd and Others (556/2018) [2018] ZAGPPHC 582 (29 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

556/2018

Judge

DT Skosana

Summary judgment was refused because the defendants raised a triable issue that the plaintiff company was deregistered when summons was issued.

• Company Deregistration
• Summary Judgment
• Personal Guarantee
• Nullity Of Process
• Summary-judgment
• Company-deregistration

Ex Parte: Regional Land Claims Commissioner: KwaZulu-Natal (LCC 181/2011)

Ex Parte: Regional Land Claims Commissioner: KwaZulu-Natal (LCC 181/2011) [2018] ZALCC 34 (19 April 2018)

Court

Land Claims Court

Case number

LCC 181/2011

Judge

Spilg

The Land Claims Court postponed an application for substituted service, finding the RLCC had not shown all reasonable efforts to locate several affected landowners.

• Substituted Service
• Restitution Of Land Rights Act
• Service Of Process
• Deceased Estates
• Company Deregistration
• Substituted-service