De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023)
De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023) [2024] ZAWCHC 430; [2025] 1 All SA 645 (WCC) (30 December 2024)
The court found that the applicant had been excluded from the management and information of True Ruby for an extended period, had not received his share of income, and that the second respondent's assertion that the applicant was no longer entitled to his membership interest was not credible. The evidence, including the Association Agreement, financial statements, and the conduct of the second respondent, supported the applicant's version that trust and confidence between the members had irretrievably broken down. The court held that, in the absence of viable alternative remedies and given th…
Source excerpt
- Just And Equitable Winding Up
- Close Corporation Membership
- Association Agreement
- Deadlock And Loss Of Trust
- Strike Out Application
- Admission Of Late Affidavit