South Africa Case Law

Jerenic and Another v WKH Landfrebe and Company and Others (23837/2022)

Jerenic and Another v WKH Landfrebe and Company and Others (23837/2022) [2024] ZAGPJHC 1245 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23837/2022

Judge

S Aucamp

The High Court ordered delivery of a close corporation’s statutory and accounting records, rejecting contradictory denials and awarding attorney-and-client costs.

• Close Corporation Records
• Statutory Obligation To Deliver Documents
• Contradictory Affidavit Evidence
• Costs On Attorney And Client Scale
• Close-corporation-records
• Document-delivery-order

Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017)

Simmonds NO v Essafrau and Others; In Re: Brankin v Essafrau and Others (934/2017) [2018] ZASCA 113 (14 September 2018)

Court

Supreme Court of Appeal

Case number

934/2017

Judges

Ponnan, Tshiqi, Swain, Mothle, Nicholls

The appeal was dismissed because the appellant failed to establish, on the affidavits, that the deceased lawfully acquired ownership of the shares in Burchells Bush Lodge Shareblock Limited. The founding affidavit contained contradictory statements regarding the manner of acquisition, and the respondents' answering affidavit compounded the confusion with inconsistent admissions and denials. The central legal issue of ownership could not be resolved on the papers, as the facts were not common cause and the probabilities could not be considered in motion proceedings. The requirements for final…

Source excerpt

• Vindication Of Shares
• Ownership Of Shares
• Motion Proceedings
• Contradictory Affidavit Evidence
• Pledge Of Shares