Kruger Investments Group Limited and Another v Nuberry Holdings Limited and Others (14184/15)
Kruger Investments Group Limited and Another v Nuberry Holdings Limited and Others (14184/15) [2015] ZAWCHC 159 (30 October 2015)
The court found that Nuberry is the legal owner of the shares and loan claims in Tyrecor and Falck for purposes of attachment, as Nuberry is the registered shareholder in the securities registers pursuant to the Companies Act. The applicants' claim to ownership based on constructive trust does not confer automatic ownership; a court order is required to establish such rights. The attachment of Nuberry's assets is effective and justified, as the shares and claims exist and are capable of being transferred to the applicants if they succeed in the main action. The interim interdict and attachmen…
Source excerpt
- Attachment Ad Fundandam Jurisdictionem
- Fiduciary Duties Of Directors
- Constructive Trust
- Corporate Opportunity
- Interim Interdict