Morudi and Others v NC Housing Services and Development Co Ltd and Others (903/2016)
Morudi and Others v NC Housing Services and Development Co Ltd and Others (903/2016) [2017] ZASCA 121 (22 September 2017)
The majority held that the requirements for rescission were not met. The appellants failed to establish a bona fide defence with prospects of success, as the urgent application to set aside the 19 April 2013 resolution was dismissed and not appealed, leaving the resolution intact. The withdrawal of opposition by the company bound the appellants, who were cited in their representative capacities, and their attempt to challenge the withdrawal had failed. The court found no procedural irregularity or infringement of rights under section 34 of the Constitution. The appeal was dismissed with costs…
Source excerpt
- Rescission Of Judgment
- Locus Standi
- Shareholder Rights
- Directors Liability
- Company Memorandum
- Rule 42 Uniform Rules