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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 347

Anglogold Ashanti Limited v Kleynhans (40491/14)

Anglogold Ashanti Limited v Kleynhans (40491/14) [2022] ZAGPPHC 347 (30 May 2022)

The High Court set aside a prior liquidation-related order, granted rescission under Rule 42(1)(a), and held that the applicant had standing to intervene.

  • Rescission Of Judgment
  • Locus Standi
  • Uniform Rule 42
  • Voluntary Liquidation
  • Company Law Proceedings
  • Rescission-of-judgment
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Civil Procedure [2014] ZAKZDHC 44

Lanarco Home Owners Association v Prospect SA Investments 42 (Proprietary) Limited (In Business Rescue) and Others (9381/14)

Lanarco Home Owners Association v Prospect SA Investments 42 (Proprietary) Limited (In Business Rescue) and Others (9381/14) [2014] ZAKZDHC 44 (29 October 2014)

The court held that the interim interdict was granted with the full knowledge and non-opposition of the first respondent, and thus was not granted ex parte but by default. The application for reconsideration was dismissed because the respondent failed to raise any grounds that would result in injustice. The court found that it had jurisdiction to grant both the interdict and the leave required under section 133(1)(b) of the Companies Act, rejecting the respondent's argument that only the North Gauteng High Court could grant such leave. The court agreed with previous judgments declining to fol…

  • Business Rescue
  • Interim Interdict
  • Jurisdiction Of High Court
  • Affected Persons Notice
  • Company Law Proceedings
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