Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013)
Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013) [2014] ZAGPJHC 22; 2014 (3) SA 231 (GSJ) (25 February 2014)
The court found that material disputes of fact exist regarding the alleged agreement for the second applicant to become a 50% member of the first respondent, the entitlement and quantum of the marketing fee, and whether the applicants acted with unclean hands. These disputes cannot be resolved on the papers alone and require oral evidence. The statutory requirements for service on SARS and the security bond are peremptory, but compliance must be assessed purposively; service on SARS on the morning of the hearing was not reasonable, but the referral to oral evidence allows for proper complianc…
Source excerpt
- Rectification Of Company Records
- Winding Up On Just And Equitable Basis
- Unclean Hands
- Marketing Fee Dispute
- Compliance With Statutory Service
- Conditional Membership Agreement