South Africa Case Law

Du Toit v Du Plessis and Another (364/2012)

Du Toit v Du Plessis and Another (364/2012) [2012] ZANCHC 59 (29 June 2012)

Court

Northern Cape High Court, Kimberley

Case number

364/2012

Judge

C C Williams

The court found that there was no sufficient basis to imply a term into the parties' relationship that required the first respondent to transfer his shares and directorship in the second respondent to the applicant upon withdrawal. The second respondent was not a shell company but an active business entity, and the applicant conceded that he could not claim transfer if this was the case. The interim interdict was not justified as the fears of harm to the premises were unfounded, and the retention right claimed by the applicant did not constitute a cause of action. The application for confirma…

Source excerpt

• Interim Interdict
• Implied Terms
• Oral Agreement
• Company Share Transfer
• Retention Right

Stead v Conradie en Andere (655/92)

Stead v Conradie en Andere (655/92) [1994] ZASCA 147; 1995 (2) SA 111 (AD); [1995] 1 All SA 472 (A) (29 September 1994)

Court

Supreme Court of Appeal

Case number

655/92

Judges

Joubert, Van Heerden, Vivier, F H Grosskopf, Van den Heever

The Appellate Division dismissed an appeal over a brewery takeover contract, holding the respondents’ tender issue was not properly pleaded and the contract was not void for vagueness.

• Specific Performance
• Contract Rectification
• Company Share Transfer
• Exceptio Non Adimpleti Contractus
• Share-transfer
• Exceptio-non-adimpleti-contractus