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South Africa decisions
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Strarfield-Ward and Others v Suluhisho Africa Proprietary Limited and Others (2024/104051) [2024] ZAGPJHC 989 (3 October 2024)
High Court urgent application granted an interim interdict restraining a shareholders’ meeting and forced sale, and ordered arbitration under the JVA.
Falk N.O. and Others v Rapitrade 659 (Pty) Ltd and Others (3519/2021) [2022] ZAWCHC 128 (9 May 2022)
The court found that the Trust, as landlord, had a valid lease agreement with the first respondent, and the second and third respondents were sureties for its obligations. The dissolution of the first respondent was planned and executed by the respondents, who now seek to avoid liability for arrear rental by relying on the deregistration. The Trust never consented to any cession or assignment of rights under the lease, and the written agreement required such consent for any change in tenant or subletting. The respondents' arguments that Personal Laundry became the true tenant and that the Tru…
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Pieters NO v Absa Bank Ltd (979/2018) [2019] ZASCA 118; 2021 (3) SA 162 (SCA) (23 September 2019)
The SCA held that a company is dissolved when the Registrar records the dissolution, not when Gazette notice is published, and dismissed the appeal.
De Villiers and Others v Trustees for the Time Being of the GJN Trust and Others (756/2017) [2018] ZASCA 80; 2019 (1) SA 120 (SCA) (31 May 2018)
The Supreme Court of Appeal held that the appellants were not affected parties within the meaning of rule 42(1)(a) and had no locus standi to challenge the section 420 order. The court found that the subject matter of the section 420 application was the restoration of the dissolved company to a company in liquidation, not the enforceability of claims against the appellants. The prosecution of any claims against the appellants would occur in subsequent proceedings, where they would have the opportunity to defend themselves. As unproved creditors and as director/shareholder, the appellants' leg…
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Motala and Others v Master of the High Court and Others (313/13) [2013] ZASCA 185; [2014] 2 All SA 154 (SCA) (29 November 2013)
The court held that even if section 420 of the Companies Act could be interpreted to revive proceedings commenced prior to dissolution, the application must fail because the appellants did not demonstrate that the avoidance of dissolution would serve the interests of creditors. There was no evidence that creditors supported the application or were aware of the litigation. The claim was speculative, and the liquidators failed to provide a satisfactory explanation for the dissolution while litigation was ongoing. The prejudice to the respondents from resuming litigation after many years was sig…
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Cronje NO and Others v Hillcrest Village (Pty) Ltd and Another (325/08) [2009] ZASCA 81; 2009 (6) SA 12 (SCA) ; [2009] 4 All SA 383 (SCA) (17 July 2009)
The SCA held that, despite irregularities in WKP’s liquidation, the respondents lacked a sufficient interest and the application to void dissolution was dismissed.
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